TPR da Jamaica na OMC - 21000.032044-2024_54

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RESTRICTED

WTO/AIR/TPR/161

5 June 2024

(24-4213) Page: 1/1

Trade Policy Review Body Original: English

CONVENING NOTICE1

TRADE POLICY REVIEW BODY: REVIEW OF JAMAICA

10 and 12 July 2024

The Trade Policy Review Body established under Annex 3 of the WTO Agreement will hold a meeting
to conduct the fifth Trade Policy Review of Jamaica on Wednesday, 10 July 2024, starting at
10 a.m. and continuing on Friday, 12 July 2024, starting at 9.30 a.m. The meeting will take place
in person at the Centre William Rappard (WTO building) and on Interprefy.

1 DOCUMENTS AVAILABLE FOR THIS MEETING

WT/TPR/515 Arrangements for Review meeting (to be distributed)


WT/TPR/G/457 Report by Jamaica
WT/TPR/S/457 Report by the Secretariat

2 DEADLINE FOR WRITTEN QUESTIONS FROM MEMBERS

Note that Member under review has selected the regular timeline for the submission of
written questions and responses.

Members that plan to submit written questions to the Member under review should do so at least
two weeks before the review meeting, to allow time to prepare replies. Hence, please submit written
questions to the Secretariat no later than Wednesday, 26 June 2024.

3 ORGANIZATIONAL ARRANGEMENTS

Documents for the meeting: Documents Online Download documents for meetings
WTO Calendar
Relevant digital tools: Not yet Yes:
Rules of Procedure: WT/TPR/6/Rev.4 and WT/L/161 mutatis mutandis
Observer Organizations: International organizations granted observer status in the TPRB
are requested to inform the Secretariat in case they plan to
attend the meeting.
Resources for delegates: Trade Policy Review Gateway

Contact point: Trade Policies Review Division email: tprd@wto.org

Ngozi Okonjo-Iweala

1
Going forward, this updated format will apply to convening notices for meetings in lieu of
the previous "airgram" format. The document symbol WTO/AIR/TPR will be retained for continuity.
RESTRICTED

WT/TPR/G/457

5 June 2024

(24-4254) Page: 1/25

Trade Policy Review Body Original: English

TRADE POLICY REVIEW

REPORT BY

JAMAICA

Pursuant to the Agreement Establishing the Trade Policy Review Mechanism (Annex 3 of the
Marrakesh Agreement Establishing the World Trade Organization), the policy statement by Jamaica
is attached.

Note: This report is subject to restricted circulation and press embargo until the end of the first
session of the meeting of the Trade Policy Review Body on Jamaica.
WT/T

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Contents
1 INTRODUCTION .......................................................................................................... 3
2 VISION 2030 JAMAICA NATIONAL DEVELOPMENT PLAN (VISION 2030 JAMAICA) .. 3
3 MACRO-ECONOMIC ENVIRONMENT ............................................................................. 5
3.1 The economic reform programme ................................................................................ 8
4 TRADE AND SECTORAL PERFORMANCE ........................................................................ 8
4.1 Trade performance .................................................................................................... 8
4.2 Sectoral performance ................................................................................................. 9
4.3 Transformation of Public Bodies ..................................................................................10
4.4 Impact of global economic development on Jamaica's trade performance ..........................11
4.4.1 Global recovery in a post-pandemic era.....................................................................11
4.4.2 Lack of progress in the Doha Round Agenda ..............................................................11
4.4.3 De-risking and the loss of Correspondent Banking relationships ....................................12
4.5 Economic growth-inducing Policies and Strategies to Promote Competitiveness ..................12
4.5.1 Special economic zone regime .................................................................................13
5 TRADE POLICY AND INSTITUTIONAL FRAMEWORK ................................................... 16
5.1 Elements of Jamaica's foreign trade policy ....................................................................16
5.2 Institutional framework for Jamaica's foreign trade policy regime ....................................16
5.3 Regional integration the CARICOM Single Market and economy (CSME) .........................17
6 BILATERAL/HEMISPHERIC AND PREFERENTIAL TRADE ARRANGEMENTS ................. 17
6.1 CARICOM bilateral (third party) agreements .................................................................17
6.2 CARIFORUM-UK economic partnership agreement .........................................................17
6.3 CARIFORUM-EU economic partnership agreement .........................................................17
6.4 CARIBCAN ...............................................................................................................18
6.5 CARIBBEAN basin initiative (CBI) ................................................................................18
6.6 Generalized system of preferences (GSP) .....................................................................18
7 MULTILATERAL FRAMEWORK THE WORLD TRADE ORGANIZATION (WTO) ............. 18
7.1 Implementation of the Uruguay round agreements ........................................................19
7.2 Implementation of the WTO agreement on trade facilitation ............................................23
7.3 Aid for trade ............................................................................................................24
7.4 Technical assistance and capacity building....................................................................24
8 CONCLUSION............................................................................................................. 25
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1 INTRODUCTION

1.1. The 2017-22 review period was marked by immense global challenges unlike anything the
world has seen before. As a small, open, developing and relatively undiversified economy, Jamaica
remains particularly vulnerable to various economic shocks. The economic impact of the COVID-19
pandemic in 2020 led to an economic decline that was unparalleled in Jamaica's history. The
implementation of measures globally and locally to respond to the Pandemic had an adverse impact
on all industries, particularly tourism and entertainment, as well as transportation. For example, the
economic decline in FY 2020/2021 was driven by a massive 70% contraction in the tourist industry.
In addition, adverse weather conditions, including prolonged drought, had a negative impact on the
agricultural sector, resulting in the further decline of the economy.

1.2. The Government's experience with the COVID-19 pandemic underscored the need for further
prioritization and preservation of macro-economic stability, particularly through the modernization
of critical institutions and strengthening of Jamaica's institutional framework. In this regard, Jamaica
advanced its economic, social, environmental, and trade objectives to foster growth, enhance trade
performance, and ensure sustainable development amidst global economic fluctuations, thereby
continuing its transformative journey, which is underpinned by Vision 2030 Jamaica the National
Development Plan to achieve developed country status by 2030.

1.3. During the review period, several policies were implemented to among other things assist
Jamaica in (i) recovering from the effects of the COVID-19 pandemic, (ii) adapting and meeting its
fiscal and economic targets, including managing the country's debt-to-GDP ratio; (iii) modernizing
the public sector; (iv) maintaining a stable business environment; (v) improving the country's
physical infrastructure; and (vi) increasing the social safety net and promote human development.

1.4. The Government of Jamaica also made progress in numerous initiatives involving digital
transformation, climate resilience, agriculture, trade facilitation focusing on exports, and enhancing
the overall business landscape, which has yielded promising results. These initiatives demonstrate
Jamaica's commitment to embracing innovation, boosting competitiveness, and leveraging our
global brand to break into new markets and integrate further into global value chains.

1.5. Jamaica's active engagement in the multilateral trading system and adherence to our trade
agreement obligations underscore our dedication to playing a significant role in global trade. The
Government continues to pursue deeper regional economic integration, primarily through the
CARICOM Single Market and Economy, as well as other bilateral and regional trade agreements.

1.6. Looking ahead, Jamaica is poised to continue progressing toward the goals of Vision 2030
Jamaica, guided by the principles of sustainable development and international cooperation. The
Government is confident that the policies and initiatives outlined in this review provide a robust
foundation for driving our nation's economic growth and prosperity in the years to come.

2 VISION 2030 JAMAICA NATIONAL DEVELOPMENT PLAN (VISION 2030 JAMAICA)

2.1. Vision 2030 Jamaica is a national development blueprint spanning 2009 to 2030, which charts
a strategic course for the country to achieve, by 2030, an ideal level of development for Jamaica.
Guided by a results-based management approach, the plan delineates four overarching goals,
fifteen (15) national objectives, and a strategic and operational framework to realize these goals
and outcomes. Central to Vision 2030, Jamaica aspires for the country to become "the place of choice
to live, work, raise families, and do business". The initiative is currently in its fifteenth year of
execution, driven by three-year incremental Medium-Term Socio-Economic Policy Frameworks
(MTFs).

2.2. Five (5) MTFs have been pursued since 2009; one implementation cycle was completed during
the review period 2018-21, and another began in 2022. Of the 2021 targets for the National Outcome
Indicators, 18.92% were "Fully Achieved or Exceeded Target", 1.35% were "Mostly Achieved
Target", 21.62% were "Somewhat Achieved Target" and 22.97% were "Little Achieved Target".1 The
main areas of progress include:

1
The target for 2021 is being utilized, as the next medium-term target is 2024.
WT/T

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Maintaining policy-driven macro-economic stability and achieving increasing fiscal space


for development investment;

Engaging resources, policy, and partnership to advance climate resilience and


environmental sustainability;

Downward trend for severe crimes with the 2018 and 2021 targets;

Downward trend for poverty and evidence of increasing systemic and structural resilience
to poverty; and

Strengthening Government effectiveness and justice service delivery.

The progress of Vision 2030 Jamaica is guided by the objectives outlined below.

2.3. Economic Growth and Job Creation: One of the core objectives of Vision 2030 Jamaica is to
catalyze sustained economic expansion and employment opportunities. While gross domestic
product (GDP) growth has been modest, averaging 0.9% annually between 2009 and 2019, it
represents an improvement over the previous decade. The unemployment rate, which had fallen
between 2017 and 2019, increased during the pandemic to 10.7% in FY 2020/2021 before steadily
declining to 8.5% in FY 2021/2022 and reached the lowest unemployment rate in Jamaica's history
at 6.6% in FY 2022/2023. This trend signals significant progress in job creation. Since 2021,
economic recovery and sustainability have been prioritized through technical assistance focused on
small and medium-sized enterprises, providing grants, business development services, and market
access to drive employment and economic diversification. Concurrently, the agricultural sector has
garnered attention to bolster productivity, climate resilience, market access, food security, and rural
development. These multifaceted efforts underscore Jamaica's commitment to achieving
Vision 2030's sustained economic growth and job creation goals through a comprehensive,
technology-driven, and sustainable approach.

2.4. Poverty Reduction and Social Protection: Reducing poverty and improving social protection are
essential to achieving Vision 2030. The Jamaica Survey of Living Conditions (JSLC) reported that the
prevalence of poverty declined from 24.6% in 2009 to 12.6% in 2022. However, progress has been
slower in rural areas, where poverty rates remain higher than in urban areas. The Government has
implemented various social protection programmes, such as the Programme of Advancement
Through Health and Education (PATH), which provides conditional cash transfers to over
290,000 beneficiaries as of 2022.

2.5. Education and Human Capital Development: Investing in education and human capital
development is a crucial priority under Vision 2030. According to the UNESCO Institute for Statistics,
Jamaica's net enrolment rate in primary education has remained high, at around 95% between 2009
and 2019. However, secondary and tertiary enrolment rates have lagged, with the net secondary
enrolment rate at 79.7% and the gross tertiary enrolment rate at 29.5% in 2019, indicating the
need for further improvement. The Government has continued to support the Career Advancement
Programme (CAP) and the Human Employment and Resource Training/National Service and Training
Agency (H.E.A.R.T./NSTA Trust), which were created to enhance workforce development. Jamaica
has benefitted from initiatives to reform education and vocational training systems to address the
skills gap and improve workforce competitiveness. Technical assistance has supported curriculum
development, teacher training, and the establishment of centres of excellence in critical sectors such
as the Global Services Sector (GSS) (which includes business process outsourcing, knowledge
process outsourcing and information technology outsourcing). These efforts are designed to align
education and training programmes with the needs of the modern labour market, particularly in
areas such as tourism, information technology, and renewable energy.

2.6. Environmental Sustainability and Climate Change: Jamaica has made progress in promoting
environmental sustainability and addressing climate change, as outlined in Vision 2030. The country
has protected, under law, more than 25% of its landmass and 15% of its Exclusive Economic Zone.2
Additionally, the Government aims to achieve 50% renewable energy for electricity generation

2
"15 Ecologically Sensitive Areas Identified for Protection" viewed on 1 April 2024, at:
https://jis.gov.jm/15-ecologically-sensitive-areas-identified-for-protection/#:~:text=Mr.,five%20years%
20early%2C%20in%202025.
-5-

by 2030. In June 2022, the Net Billing Regulations were approved, which provides opportunities for
fuel diversification, development, and deployment of renewable energy sources. The aim is to have
a modern, efficient, and environmentally sustainable energy sector that is affordable and accessible.3

2.7. With a focus on climate resilience, the Government launched the Gender and Climate Change
Strategy and Action Plan (GCCSAP) in July 2022. Motivated by the Government's commitment to
ensuring gender inclusivity in climate-related initiatives, the GCCSAP is an integral component of
the project "Build Institutional Capacity for Mainstreaming Gender in Climate Finance Programming".
Other climate and environmental awareness initiatives include the completion of the "3 Million Trees
in 3 Years" project, which was initiated in 2019. This project underscores the country's commitment
to reforestation and ecosystem restoration, making tangible strides in combatting deforestation and
in enhancing carbon sequestration efforts. Jamaica also launched a Jamaican Path from Hills to
Ocean Programme in 2022, designed to increase the country's resilience to the impact of climate
change and reduce poverty by protecting livelihoods using integrated sustainable landscape
management.

2.8. Governance and Institutional Reform: Strengthening governance and institutional frameworks
is a critical component of Vision 2030. Jamaica has made efforts to improve transparency and
accountability, with the Access to Information Act coming into effect in 2004 and the Integrity
Commission being established in 2017 and operationalized in 2018. Recognizing the pivotal role of
digital technology in enhancing efficiency and transparency in government administration, Jamaica
has been utilizing the support it has received from its development partners to accelerate digital
transformation, improving digital infrastructure, literacy, and e-government services. This digital
drive aims to boost public service efficiency, foster innovation, and ensure equitable access to digital
opportunities. One such initiative that cuts across the entire public sector is the Public Sector
Modernization Programme (PSMP) II, which involves digital transformation to enable more
streamlined processes and procedures.

2.9. Health and Well-being: Vision 2030 aims to improve the overall health and well-being of
Jamaicans. The country has made progress in reducing infant mortality, declining from 11.11 per
1,000 live births in 2021 to 10.89 in 2022.4 However, non-communicable diseases, such as diabetes
and cardiovascular diseases, remain a significant public health challenge, accounting for a large
portion of premature deaths. The COVID-19 pandemic underscored the importance of resilient health
systems. During the reporting period, Jamaica emphasized health infrastructure support, medical
supplies procurement, and capacity-building for health workers. Efforts have also been made to
strengthen the public health response during the onset of COVID-19, including vaccination
campaigns, public health surveillance, and community engagement initiatives.

2.10. Infrastructure Development: Developing modern and efficient infrastructure is crucial for
Jamaica's economic growth and competitiveness. The country has made significant investments in
road infrastructure, with the completion of the Edward Seaga Highway in 2016 and the expansion
of Parts A (May Pen to Williamsfield) and B-ii (Harbour View to Yallahs) of the Southern Coastal
Highway Improvement Project (SCHIP). However, challenges persist in areas such as affordable
housing and water and sanitation infrastructure to allow access by every citizen across the island.

2.11. While Jamaica has made notable progress in some areas of its Vision 2030 plan, challenges
remain in others. Economic growth has been modest, with an average annual real GDP growth rate
of 0.9% between 2009 and 2019. Poverty reduction efforts need to be accelerated, particularly in
rural areas, where the poverty rate remains higher than in urban areas. Jamaica is mindful that to
ensure sustainable development in the long run, it's crucial to invest in education and human capital
development. Additionally, addressing environmental sustainability, governance, and infrastructure
deficits will be essential to achieving the goals outlined in Vision 2030.

3 MACRO-ECONOMIC ENVIRONMENT

3.1. Fiscal policy in Jamaica is designed to maintain a primary surplus of 7% of GDP for the
FY 2017/2018 2019/2020 period and achieve a medium-term fiscal rule target of a debt/GDP at

3
Viewed on 18 April 2024, at: https://jis.gov.jm/house-approves-electricity-net-billing-regulations/.
4
Viewed on 1 April 2024, at: https://www.macrotrends.net/global-metrics/countries/JAM/
jamaica/infant-mortality-rate#:~:text=The%20infant%20mortality%20rate%20for
%20Jamaica%20in%202022%20was%2010.890,a%201.96%25%20decline%20from%202020.
WT/T

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or below 60% by the end of 2027/2028 (set initially at FY 2025/2026), as established in the
Fiscal Responsibility Framework (FRF).5 For FY 2019/2020, the IMF reduced the primary surplus
target to 6½% of GDP "as the GOJ debt reduction targets were ahead of budget".6 This target was
exceeded for FY 2019/2020 as the primary surplus was 7.1% of GDP. Like other countries in the
region, Jamaica's economy suffered from the recession effects of the COVID-19 pandemic in
FY 2020/2021. To address the impact of the ongoing pandemic, in FY 2020/2021, adjustments were
made to the target primary surplus, which resulted in a reduction to 3.0% of GDP from 5.4%.7 The
country did not achieve its target, reporting a primary surplus of 2.8% of GDP or JMD 68.5 million
for FY 2020/2021. For FY 2021/2022 and FY 2022/2023, the overall balance improved due to
increased revenue and decreased expenditure, as the effect of the COVID-19 response programmes
was declining. Accordingly, the primary surplus reached 6.8% of GDP in FY 2021/2022 or
JMD 158.3 million, and 5.8% of GDP in FY 2022/2023 or JMD 158.1 million.

3.2. In FY 2020/2021, Jamaica's public debt increased to 109.7% of GDP as compared to 94.8% in
FY 2019/2020 due to higher spending associated with the COVID-19 pandemic and lower revenues
due to economic challenges. However, public debt resumed its contractionary path in FY 2021/2022
(94.2%), and by FY 2022/2023, the public debt to GDP ratio stood at 77.1%. According to an
assessment by the IMF, the increase in spending did not detract from the Government's mid-term
policy, which focused on reducing public debt and maintaining macroeconomic stability.

3.3. In 2021, an Independent Fiscal Commission (IFC) was established to ensure fiscal discipline by
providing independent fiscal review and analysis similar to that which is currently provided by the
IMF, along with domestic monitoring, ownership and reporting. In keeping with international best
practices, "the Independent Fiscal Commission's mandate will be to provide the public with an
informed and independent opinion on the soundness and sustainability of Jamaica's fiscal policies
and positions, in keeping with the country's Fiscal Responsibility Framework".8 To support the
Government and the Parliament in operationalizing the IFC, a Fiscal Commissioner was appointed in
2023, serving as the "guardian and interpreter of Jamaica's fiscal rules and is required to monitor
adherence to these rules and provide an independent assessment of budgetary outcomes in addition
to independent analysis".9

3.4. The current account balance for FY 2022/2023 recorded a surplus of USD 334.2 million,
reflecting an improvement of USD 435 million compared to the deficit of USD 100.8 million in
FY 2021/22. The current account surplus is equivalent to 1.9% of GDP. A positive outlook for
2023/2024 is expected, driven primarily by strong travel inflows.

3.5. The Bank of Jamaica (Amendment) Act 2020 stipulates that the primary objective of monetary
policy is to ensure price stability through the adoption of inflation targeting. As of FY 2017/18, the
Bank of Jamaica's aim has been to manage inflation so that it remains in the range of 5.0%
±1.0 percentage points (i.e. a target of 4% 6%). The policy rate stayed at 0.5% during the
Pandemic and was only raised in 2021, up to 2.5%, when monetary policy tightened to counter
rising inflation.

3.6. After low inflation in FY 2017/2018 and 2019/2020 (4.8%), consumer prices were impacted by
the global economic downturn caused by the COVID-19 pandemic in 2020. During this period,
Jamaica, like other developing countries, experienced higher commodity prices and supply shortages
due to supply chain issues. On average, consumer prices rose by 5.2% in FY 2020/2021. Jamaica
experienced a significant increase in inflation in 2021/2022 to 11.9%. The movement in fuel and
food prices and higher freight costs exerted inflationary pressures on domestic prices, particularly
for electricity, petroleum products, and construction materials. There was a noted deceleration in

5
"Jamaica: Staff Report for the 2014 Article IV Consultation and Fourth Review under the Extended
Arrangement under the Extended Fund Facility and Request for Modification of Performance Criteria" viewed on
30 March 2024, at: https://www.imf.org.
6
Viewed on 16 April 2024 at: https://epocjamaica.com/wp-content/uploads/2019/04/Communique-
24_Observer.pdf.
7
Viewed on 16 April 2024 at: https://repositorio.cepal.org/server/api/core/bitstreams/fb5e3b10-aefb-
4dbd-b3f1-f14bf080371f/content.
8
https://www.mof.gov.jm/building-institutions-for-the-future-part-ii-an-independent-fiscal-
commission/.
9
"Courtney Williams Appointed Jamaica's First Fiscal Commissioner" viewed on 18 March 2024, at:
https://www.jamaicaobserver.com/2023/03/09/courtney-williams-appointed-jamaicas-first-fiscal-
commissioner/.
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FY 2022/2023 to 6.2%. Despite the Bank of Jamaica's inflation-targeting policy to reduce inflation,
high commodity prices and increasing transportation costs remain challenging. To manage this
increase and bring inflation within the target (4.0% to 6.0%), the economic policy was further
tightened by increasing the policy interest to 7.0% in FY 2022/2023.

3.7. The Government has remained resolute in its effort to maintain fiscal prudence and achieve
continued success under its economic reform programme. At the end of 2016, a new three-year
Precautionary Stand-By Arrangement was initiated with the International Monetary Fund (IMF). This
arrangement has been maintained, and Jamaica has satisfied all the requirements for the reporting
period. However, the COVID-19 pandemic created exceptional circumstances, which resulted in the
Government reaching a staff-level agreement with the IMF on the request for a Precautionary and
Liquidity Line (PLL), which provides potential access to special funds in the event of balance of
payment shocks. Most notably, access to the PLL is limited to countries that have "sound economic
fundamentals" that are "
(countries that) remain committed to maintaining sound policies in the future". Jamaica's access to
this facility is indicative of its exemplary macroeconomic standing. During this period, Jamaica also
obtained access to a Resilience and Sustainability Facility (RSF), which supports Jamaica's resilience
to climate-related shocks. The RSF offers favourable financing terms and assists the Government in
managing Jamaica's exposure to external refinancing risk while improving portfolio costs. To date,
Jamaica has satisfied all the reform measures (RMs) and met all the structural benchmarks under
the programme.

3.8. The positive outcomes from the reforms that were made to the tax regime in 2014 are still
being experienced, as tax revenues accounted for 26.4% of GDP in FY 2018/2019 and up to 27.4%
of GDP in FY 2022/2023, with a nominal decrease noted in FY 2020/2021 (25.9% of GDP) due to
the economic downturn caused by the COVID-19 pandemic. Based on the economic challenges
experienced in 2020, there was a reduction in tax revenues and increased expenditure due to the
Government's additional spending on public health facilities and initiatives such as the COVID-19
Allocation of Resources for Employees (CARE) Programme to support the economy and employment.
The overall expenditure in FY 2020/2021 represented 32.6% of GDP, up from 29.7% in
FY 2019/2020. Slight decreases in spending were noted in FY 2021/2022, which reflected 30.1% of
GDP, and in FY 2022/2023, which reported 29.8% of GDP. Most notably, tax measures that could
have impacted expected revenues include an amendment to the Income Tax Act, 1955 in
FY 2020/2021, which allowed tax-compliant micro, small and medium-sized enterprises (MSMEs) to
receive a special income tax credit for assistance and stimulus while encouraging formalization.10
The passing of the Income Tax (Amendment) Act 2020 was timely for MSMEs, given the economic
challenges brought about by the COVID-19 pandemic; in actuality, however, this amendment had
been one of a range of revenue measures which was in train prior to the outbreak of the Pandemic.

3.9. The impact of the COVID-19 pandemic was felt throughout Jamaica's economy, leading to an
11% contraction in real GDP in FY 2020/2021. The Jamaican economy rebounded in FY 2021/2022
as real GDP expanded to 8.2% but declined to 4.7% in FY 2022/2023, which indicated a slowing of
the pace of economic expansion due to full recovery from the shock caused by the COVID-19
pandemic. Reflecting the economic realities, the nominal GDP in FY 2022/2023 was
JMD 2,751.9 billion, which exceeded the pre-Pandemic level observed in FY 2019/2020
(JMD 2,121.2 billion). Growth during the period was driven by tourism and related services and
increased production and distribution activity, reflecting recovery from the Pandemic.

3.10. Based on the recovery efforts for the economy, the IMF estimates a 2% growth for
FY 2023/2024 and 1.8% growth in GDP for Jamaica for FY 2024/202511, with slightly weaker growth
in the following years. Similarly, the Planning Institute of Jamaica (PIOJ) has projected that the
economy will grow by 1.7% in FY 2023/24. This positive outlook is based on, among other things,
expansion in the goods-producing and services industries, the expectation of increased external and
domestic demand, and high employment. The forecast anticipates expansions in mining & quarrying
and hotels & restaurants.

10
https://jis.gov.jm/senate-passes-bill-to-facilitate-375000-income-tax-credit-for-msmes/.
11
"IMF (2024), Jamaica and the IMF". Viewed on 23 March 2024 at:
https://www.imf.org/en/Countries/JAM.
WT/T

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3.1 The economic reform programme

3.11. Jamaica's Economic Reform Programme began in 2012 and has seen marked success over
the period, as fiscal targets as required under the programme have been satisfied and, in some
cases, exceeded. Importantly, Jamaica is well on its way to achieving the debt target of 60% of GDP
by March 2028, with current projections pointing to a debt ratio below 57% of GDP by March 2028.
The next phase of the Government's economic programme will continue to anchor the
macroeconomic gains by remaining steadfast in its commitment to the principles that have
underpinned the progress, such as maintaining fiscal discipline, but at the same time buttressing
the country's economic resilience through climate change risk mitigation. The economic programme
will also continue to prioritize social protection and growth-enhancing capital expenditure, which is
supportive of economic growth and development.

4 TRADE AND SECTORAL PERFORMANCE

4.1 Trade performance

4.1. Exports and imports of goods and services accounted for 83.52% of GDP in FY 2017/2018 and
increased to 89.98% of GDP in FY 2018/2019. In FY 2020/2021, Jamaica's trade flows declined due
to global challenges presented by the COVID-19 pandemic, and exports and imports accounted for
65.86% of GDP. However, there were signs of recovery in FY 2021/2022, with exports and imports
accounting for 73.35% of GDP; this was largely attributed to growth in services. By 2022/2023,
exports and imports of goods and services accounted for 95.0% of GDP.

4.2. In FY 2022/2023, Jamaica's trade deficit amounted to USD 5.83 billion, which is higher than
the USD 4.5 billion deficit recorded in FY 2021/2022. The negative shift in the trade deficit in
FY 2022/2023 was driven by Jamaica expending USD 7.7 billion on imports, the highest amount
since 2008 (Global Recession). This represents an increase of approximately 30% in imports
compared to FY 2021/2022, primarily due to a rise in the cost of raw materials/intermediate goods
and fuels and lubricants.

4.3. In the calendar year 2022, Jamaica also saw a 28% increase in exports, with earnings of
USD 1,901 million compared to USD 1,480 million in 2021. These were the highest export earnings
since 2018. The increased value of exports recorded in 2022 was mainly due to an increase in the
export of mineral fuels.

4.4. Jamaica's main trading partners have remained generally unchanged since 2017. In this
regard, the main destinations for Jamaica's exports in 2021 were the United States of America
(USA), the Netherlands, Canada, the United Kingdom (UK), and the Russian Federation. Exports to
these countries were valued at USD 1,042.5 million, accounting for 72.4% of total exports. In the
corresponding period, the importation of goods was valued at USD 3,785.5 million, originating
mainly from the United States of America (USA), Brazil, China, Japan, and Türkiye. This expenditure
accounted for 63.3% of total imports for that calendar year. In 2022, there was a slight variation in
the major import partners, with Trinidad and Tobago replacing Türkiye in the top five and all others
remaining unchanged. Imports for 2022 were valued at USD 4,974.7 million. Jamaica's top five
export partners for 2022 reflected a similar trend as the previous year, with the only exception being
that the Netherlands was replaced by Puerto Rico. Total exports from these countries were valued
at USD 1,408.0 million.

4.5. Over the years, Jamaica has managed to maintain a substantial trade surplus in services,
except for the year 2020. The country relies heavily on tourism, as travel and transportation receipts
contribute significantly to the trade surplus. Most notably, the surplus peaked at USD 1.754 billion
in 2019 before declining to USD 285 million in 2020 and a USD 223 million deficit in 2021 as a result
of the challenges experienced due to the COVID-19 pandemic. The services balance improved
substantially in 2022, when the surplus reached USD 1.305 billion, based on a significant increase
in tourism.

4.6. Between 2021 and 2023, approximately 49% of the employed labour force was estimated to
have been involved in occupations directly or indirectly linked to trade. This speaks to the size of
this segment of the economy, with services exports accounting for approximately 26.5% of GDP in
FY 2022/2023. The ratio of trade in services as a percentage of GDP was 39.9% in FY 2018/2019,
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and an increase in FY 2019/2020 to 44.53% was observed, but a significant decrease to 27.05% in
2020 was observed in keeping with the global economic reality at that time. As of FY 2022/2023,
the trade ratio in services as a percentage of GDP was approximately 45.49%, or roughly equivalent
to that of the post-COVID-19 period.

4.2 Sectoral performance

4.7. Over the reporting period, the services sector consistently made a significant contribution to
GDP, being 78.4% in 2018 and a high of 78.7% in 2022. Tourism was the key driver, as Jamaica
closed the 2017 calendar year with 4.3 million visitors, an increase of 500,000 over the previous
year. In 2020, Jamaica welcomed a total of 1,329,675 visitors, marking a 68.6% decrease from the
4,234,150 arrivals (or 2,903,595 fewer visitors) recorded in 2019, attributed primarily to the
COVID-19 pandemic. The tourism sector saw significant growth coming out of the COVID-19
pandemic, with Jamaica's 2022 arrivals increasing by 69.2% over 2021 to 2.2 million visitors. Over
the years, this sector has been bolstered by targeted initiatives such as the Sustainable Tourism
Master Plan, which prioritized, among other objectives, strengthening linkages, investment
promotion, public-private partnerships, and human capital development. Additionally, there have
been efforts to increase local participation in tourism under the Community Tourism Policy and
Linkages Network. To strengthen this critical sector, the Government initiated the development of a
sustainable framework and strategy for the tourism sector in 2022, which aims to enhance the
industry's resilience and increase its sustainability during times of crisis.

4.8. Mining and quarrying have historically had a significant socioeconomic impact, as many
communities depend on these activities. The Government also sees them as essential to realizing
the projected economic growth in the medium to long term, as they are anticipated to be one of the
critical economic drivers to expand the economy.12 Additionally, the Government anticipates that
mining of limestone will begin to see significant increases as several initiatives come to fruition. This
improved performance is still somewhat aspirational, however, as the sector contributed only 1% to
GDP in 2022, a decline from 2018, which reported 2.7% to GDP.

4.9. The National Export Strategy was concluded in December 2019 and highlighted several key
recommendations, including the need for sector-specific strategies. Accordingly, the Government
has developed national strategies for Global Digital Services (GDS, also known as the GSS) and the
manufacturing and agribusiness sectors. The Five-Year Manufacturing Growth Strategy was
approved in 2020 to improve the business environment, grow and expand Jamaica's manufacturing
sector, and contribute to economic development. Manufacturing has been recording steady growth
since 2018, when the industry contributed 8.6% to GDP, and in 2022, it contributed 9% to GDP.
Leading sub-sectors were food, chemicals and non-metallic minerals. Significant challenges to the
sector's growth include the decrease in efficiency and competitiveness against a backdrop of rising
operational costs due to, among other things, cost competitiveness, market access, and rapid
innovations within the global market.

4.10. To tackle the issue of market access, the Government has been implementing the Enterprise
Development for Export Growth Export Max Programme through a collaboration between the public
sector and the Jamaica Manufacturers' and Exporters' Association. The programme has seen
significant success, with the most recent cohort (2019 2022) comprising 50 companies recording
overall export sales of JMD 1.71 billion. Through this programme, these companies have entered
regional and international markets such as Brazil, Grenada, Martinique, Cayman Islands, China,
Dominican Republic, Sweden, and Zimbabwe.

4.11. Taking into account the impact of manufacturing on the environment and to safeguard the
country's natural and built environments, the Government implemented the Plastic Packaging
Materials Prohibition Order (2018) and the Natural Resources Conservation Authority (Plastic
Packaging Materials Prohibition) Order (2018) to ban the importation, distribution, manufacture and
commercial use of certain types of single-use plastics and expanded polystyrene foam products used
in the food and beverage industry. The Government also approved the National Policy for
Environmentally Sound Management of Hazardous Waste, 2018, to strengthen the governance
framework for environment management and sustainable consumption and production.

12
Viewed on 19 April at: https://jis.gov.jm/govt-commits-to-identifying-new-markets-for-mining-
exports/.
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4.12. From an investment standpoint, the Government has highlighted its commitment to
sustainable development and approved a Green Economy Investment Strategy (GEIS) in 2023. This
will be implemented over the next seven years. The GEIS is designed to build economic and
environmental resilience, promote inclusive economic growth, transform the energy sector to utilize
indigenous renewable resources more intensively, overcome the fiscal limits arising from high levels
of indebtedness and the current programme of adjustment and further progress toward sustainable
development.13

4.13. The Government is committed to exploring initiatives to reduce energy costs for
manufacturers and society. Accordingly, the Cabinet approved the re-establishment of the Jamaica
Energy Council (JEC) in March 2022. The JEC, which includes vital energy sector stakeholders, is
mandated to facilitate broad-based consultations related to aspects of Jamaica's National Energy
Policy (2009 2030). The JEC's focus areas include considering fuel choices for fuel source
diversification, energy security, renewable and indigenous energy sources, energy efficiency and
conservation, and opportunities to achieve and sustain energy price competitiveness.

4.14. Agribusiness is another critical priority for the Government, and a sector strategy was
developed in 2021. The contribution of the agriculture, forestry and fishing sectors to GDP has been
growing year on year over the reporting period and in 2022, it accounted for 8.3% of GDP. In 2022,
this sector contributed approximately 14.7% to the labour force. Despite its best efforts, Jamaica is
still a net importer of agricultural products. Considering the importance of the sector, the
Government has identified priority areas, including agro-parks, large-scale climate-smart
agriculture, land access improvement, the use of technology in agriculture, and the development of
marketing strategies for specific products.

4.15. Agriculture is a critical segment of the Jamaican economy, and several legislative changes
have supported its continued growth. These include the promulgation of the Jamaica Agricultural
Commodities Regulatory Authority (JACRA) Act, 2017, JACRA Regulations 2018, and JACRA (Cess)
Regulations 2018; related amendments of the Agricultural Produce Act and Coconut Industry Control
Act; and the repeal of the Cocoa Industry Board Act, Cocoa Industry Aid Act, and Coffee Industry
Regulatory Act.

4.16. In 2019, Jamaica enacted a new Fisheries Act 2018 that replaced the Fishing Industry Act of
1975. This Act aims to ensure the effective management and sustainable development of fisheries,
aquaculture, and other related activities by embracing the ecosystem approach and
internationally-recognized norms, standards, and best practices. To further support the sector,
in 2020, the Fisheries Sector Production Improvement Programme was initiated, which facilitates
grants and vouchers and provides safety gear for fisherfolk.

4.17. With the help of development partners, Jamaica has also been implementing several initiatives
to bolster the agricultural sector and strengthen climate resilience for MSMEs. One such programme
is a project funded by the United Nations Development Programme (UNDP) for Enhancing Climate
Resilience in the Agricultural Sector, which is focused on supporting MSME agricultural enterprises
to adopt climate-resilient farming practices, aiming to secure food production and rural livelihoods
against climate impacts.

4.3 Transformation of Public Bodies

4.18. In FY 2020/2021, there were approximately one hundred and fifty (150) active public bodies,
with about 46 engaging in commercial activities (referred to as state-owned enterprises "SOEs").
SOEs mainly operate in the energy, real estate, and services sectors. Most notably, these enterprises
have positively impacted the economy. In 2018, SOEs contributed JMD 398.48 million to the GDP,
which increased to JMD 470.78 million in 2022. As of 2022, these organizations collectively
employed approximately seven thousand eight hundred (7,800) employees.

4.19. Jamaica has progressed in its implementation of the Public Sector Rationalisation Plan, which
aims to improve the management and governance of public bodies. Public bodies are crucial to the
public sector's transformation programme. Under this pillar, four significant strategies are being
pursued, including integrating public bodies into parent ministries, mergers, closures, and

13
Viewed on 15 March 2024, at: https://dobusinessjamaica.com/wp-content/uploads/2022/12/National-
Investment-Nov.2022.pdf.
- 11 -

divestment (including PPP arrangements or privatization). Accordingly, forty-one (41) public bodies
have been rationalized over the review period, yielding over JMD 2 billion in savings.

4.20. Another critical component of the rationalization programme that has been advanced is the
implementation of the Regulations for the Public Bodies Management and Accountability Act, which
concerns the nomination, selection and appointment of Boards of Public Bodies. Two sets of
Regulations have been approved and are being implemented. The Public Bodies (Amendment)
Regulations, 2017, a revision of the Public Bodies Regulations, 2015, took effect in 2017. The Public
Bodies Management and Accountability (Nomination, Selection and Appointment to Boards)
Regulations, 2021, began partial implementation with the establishment of a Public Body Board
Secretariat, as well as a Database of Prospective Directors, which facilitates the seamless selection
of Boards for public bodies.

4.4 Impact of global economic development on Jamaica's trade performance

4.4.1 Global recovery in a post-pandemic era

4.21. Following the recessionary effect of the COVID-19 pandemic in 2020 and the war in Ukraine
in 2022, the outlook for the global economy has not been positive despite noted rebounds. In this
regard, the WTO has indicated that risks to the forecast are tilted to the downside, including
geopolitical tensions, food insecurity, potential financial instability stemming from monetary policy
tightening, and increasing debt levels.14

4.22. Based on various reports, global trade in goods and services amounted to USD 31.0 trillion in
2022, a 13% rise year-on-year. However, it was noted that the value of merchandise trade expanded
faster than volume across the globe in 2022 due to high global commodity prices. Accordingly,
UNCTAD indicates that the outlook for 2024 remains "highly uncertain and generally pessimistic" in
the light of ongoing geopolitical tensions, escalating debt, and widespread economic fragility. Other
elements impacting trade include lower demand in developed countries, less trade in East Asia, an
uptick in trade-restrictive measures, commodity price volatility and lengthening supply chains,
particularly between China and the United States.15

4.23. As a Net Food Importing Developing Country (NFIDC) and a Small Island Developing State
(SIDS) with a negative trade balance, volatility in the global commodity market and pessimistic
outlook for the worldwide economy significantly impact Jamaica's growth potential, its overall
economic stability and its ability to attract investment for critical sectors. The inflows of foreign direct
investment (FDI) have been on a declining path since 2017, which saw inflows of USD 888.8 million,
and as of 2022, this was reduced to USD 318.7 million. Despite these challenges, Jamaica continues
to promote its investment channels, which is encouraged by its positive economic forecasts.

4.4.2 Lack of progress in the Doha Round Agenda

4.24. Progress on the Doha Round agenda items has continued at a slow pace. However, the
economic fallout from the COVID-19 pandemic and several related shocks has resulted in a shift in
the focus of countries, placing some Doha Round Agenda issues at the forefront. In this regard, at
the 12th Ministerial Conference in June 2022 (MC12), WTO members adopted a ministerial
declaration on COVID-19, including recalling the Doha Declaration on the TRIPS Agreement and
Public Health of 2001. This Ministerial Conference also resulted in declarations in the emergency
response to food insecurity and a ministerial decision exempting World Food Programme food
purchase from export prohibitions or restrictions.

4.25. In light of the outcomes from MC12, WTO members reaffirmed their commitment to continue
the agriculture negotiations, noting the urgent need to address persisting divergences of views and
make tangible progress. This is encouraging; however, more timely progress is needed for the other
agenda items as Jamaica notes new and ongoing threats to developing countries and the global
environment. Most notably, the WTO Press Release #909 of 5 October 2022 outlines, "Several
related shocks, including the war in Ukraine, high energy prices, inflation, and monetary tightening,

14
Viewed on 15 March 2024, at: https://www.wto.org/english/res_e/booksp_e/trade_outlook23_e.pdf.
15
Viewed on 18 March 2024 at: https://unctad.org/news/global-trade-expected-shrink-nearly-5-2023-
amid-geopolitical-strains-and-shifting-trade.
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will weigh down trade and output". Jamaica is hopeful that these sobering realities will bolster efforts
to achieve balanced trade outcomes that consider the unique needs of developing countries.

4.4.3 De-risking and the loss of Correspondent Banking relationships

4.26. Since 2021, Jamaica, like many other countries in the Caribbean, has faced challenges related
to de-risking and the loss of correspondent banking relationships. This is problematic for countries
like Jamaica, which rely on these relationships for international financial transactions, which are
essential for trade, remittances, and more.

4.27. It is recognized that the main justification for de-risking is based on a heightened focus on
mitigating money laundering and combating the financing of terrorism (AML/CFT). Global banks,
under immense pressure to avoid hefty fines, have intensified scrutiny of their relationships with
smaller institutions in regions perceived (sometimes arbitrarily or unfairly) as being of higher risk.
Like many Caribbean nations, Jamaica faces the unfortunate reality of being labelled in this manner.

4.28. Jamaica has encountered tremendous roadblocks in strengthening the Correspondent Banking
Relationships (CBRs) arising from the range of measures, actions and rules euphemistically termed
"blacklisting" and "de-risking", which have negatively affected its financial sector. Unfortunately, the
issue of de-risking has a far-reaching impact on legitimate financial networks, banking relationships,
and trade as a result of the increased compliance costs and relatively low transaction volumes in the
Jamaican market, which is unattractive for international banks. It is critical that the rules and
measures that prevent goods and payments from moving between Jamaica and its trading partners
be addressed in order to create an economic reality that supports development. While the country
has made advances in addressing the issue, a collaborative effort involving developed countries with
sophisticated international banking networks is essential to find sustainable solutions that can
reconcile the need for security in the global financial system with the economic realities of smaller
nations. In an attempt to mitigate the impacts of de-risking, Jamaican authorities and financial
institutions have been taking several measures, including:

i. Enhancing Compliance: The Government has been working diligently to improve regulatory
frameworks and bring them in line with international standards, notably those set by the
Financial Action Task Force (FATF). Also, banks in Jamaica have been working to strengthen
their compliance frameworks to meet international standards, hoping to alleviate concerns
of correspondent banks;
ii. Diplomatic Engagement: The Government has been engaging in diplomatic efforts with
significant economies to highlight the adverse effects of de-risking and seek cooperation in
finding solutions;
iii. Regional Solutions: There has been a push towards regional banking solutions and exploring
alternative payment and banking platforms to reduce dependency on traditional CBRs;
iv. International Advocacy: Jamaica has been active in international forums, advocating for a
balanced approach to financial regulation that recognizes the need for risk management
without disproportionately affecting small economies.

4.29. Over the period, the Government has been pursuing a new regulatory regime for the financial
system (i.e. the "twin peaks" regulatory regime) to strengthen the regulatory environment. Under
this regime, all deposit-taking institutions (DTIs), inclusive of commercial banks, merchant banks,
and credit unions, along with non-bank financial institutions (insurance companies, securities
dealers, pension funds), are consolidated into one institution, the Bank of Jamaica (BOJ). A separate
regulator, the Financial Services Commission (FSC), will oversee market conduct and consumer
protection for all financial service providers.16

4.5 Economic growth-inducing Policies and Strategies to Promote Competitiveness

4.30. Incentives continue to be provided to support business growth and exports. In this regard,
Jamaica promotes the Omnibus Incentive Regime and the Special Economic Zone regime). The
Omnibus Incentive Regime provides tax concessions. Jamaica's Special Economic Zones (SEZ)
regime also remains in place.

16
Viewed on 27 March 2024, at: jis.gov.jm/govt-pursuing-twin-peaks-regulatory-model-for-financial-
sector/.
- 13 -

4.31. To encourage investment and trade over the period, amendments have been made to several
pieces of legislation providing special incentives to particular sectors and business areas. These
include the Urban Renewal (Tax Relief) Act,1995, which was amended in 2021 to promote
investment in the development, rehabilitation or refurbishing of land or buildings in areas declared
as special development areas (SDAs) by providing, among other things, an investment tax credit.
Additionally, the Bauxite and Alumina Industries (Encouragement) Act, 1950 was amended in 2019
to encourage companies in the mining of bauxite and production of alumina, which provides
duty-free imports of capital goods, lubricating oils, grease, and other chemicals. Also, in 2019, the
Petroleum Act was amended to facilitate, among other things, duty-free imports of goods used to
build and operate refineries and manufacture petroleum products.

4.5.1 Special economic zone regime

4.32. The Special Economic Zones Act, 2015 (SEZ Act) was enacted in 2016 and supported by the
Special Economic Zones Regulations, 2017. Accordingly, export-related incentives were repealed in
line with Jamaica's WTO obligations. However, a four-year transition period was legally implemented
for Free Zone companies (entities), ending in December 2020. This allowed companies to continue
receiving benefits until they transitioned under the SEZ regime. At the end of the transition period,
106 free zone entities satisfied the requirements to be designated SEZs.

4.33. Currently, the Minister with responsibility for Industry, Investment, and Commerce (MIIC) is
responsible for designating SEZs. The Jamaica Special Economic Zone Authority (JSEZA) is
mandated to provide regulatory oversight and guidance for developing SEZs in Jamaica.

4.34. The SEZ Act has been subject to several amendments over the reporting period. In 2017, an
amendment was approved to change the definition of the Minister with responsibility for SEZs, and
then in 2020, to clarify the appointment of ex officio board members. Another amendment was
introduced in 2022, which, among other things:

i. Expanded the list of eligibility criteria which must be applied to include economic substance
requirements;
ii. Added 'Intellectual property activities' to the list of excluded activities in SEZs; and
iii. Provided a transition period (up to 31 March 2023), which has been extended, for SEZ-
established entities to comply with the economic substance requirement and prohibition of
intellectual property activities.

4.35. Based on the amendments in 2022, SEZ entities are now required to undertake substantial
income-generating activity within the Zone itself. This is in addition to the requirements for capital
investments and job generation, which are proportionate to the income being generated within the
Zone.

4.36. To complement the modifications to the Special Economic Zones (Amendment) Act, 2022,
and ensure conformity with international tax transparency standards, amendments were also made
to the Income Tax Act in 2022. The modifications support the substance requirements for enjoying
SEZ benefits, impose restrictions on intellectual property activities with SEZs, and widen the scope
of the employment tax credit to include businesses in the SEZ.

4.37. The timely completion of numerous modifications to the SEZ Act reflects the Government's
commitment to ensure alignment with its international obligations while also ensuring the success
of the SEZ regime, which is grounded in facilitating exports. Currently, the JSEZA, led by the MIIC
and the Ministry of Foreign Affairs and Foreign Trade, is exploring the possibility of further
amendments to the SEZ Act, which will address the matter of an explicit clause or rule that permits
manufacturers to take advantage of rules of origin for goods produced within an SEZ, particularly
for trade within the Caribbean Community (CARICOM).

4.38. Reports from the JSEZA indicate that exports were valued at JMD 367,715,509.02 in 2021
and JMD 22,644,344,054.99 in 2022. The income tax obtained from the SEZ regime for the same
period was JMD 1,327,655,276.11 in 2021 and JMD 1,404,854,202.77 in 2022. However,
value-added taxes foregone in 2021 amounted to JMD 18,870,520,015.92 and
JMD 1,650,805,659.28 in 2022. As of 2022, there were one hundred and twenty-eight (128)
companies (including free zone companies that have transitioned to the SEZ regime) mainly engaged
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in logistics, information technology services, and global digital services (business process
outsourcing).

4.39. The information communications technology and business process outsourcing (ICT/BPO)
subsectors of the GSS have played a significant role in the development of the Jamaican economy,
even more so over the reporting period. The number of persons employed in the sector moved
from 17,000 in 2016 to more than 46,000 in 2021.17 Over 90 businesses are in the sector (some of
which are designated SEZs), and 10 are US "Fortune 500" companies.

4.40. To ensure the sector's continued growth, the Government and its development partner, the
Inter-American Development Bank (IDB), are focused on capacity development and investment
attraction for the GSS under the GSS Skills Development Programme. This programme, which began
in 2019, aims to promote the growth of the GSS in Jamaica, particularly in higher-value-added
segments. The project's main objectives are improving the skills development system to provide the
GSS with better-skilled workers, particularly in higher-value-added jobs, and strengthening
Jamaica's capacity to attract investment and increase exports.

4.41. Under the Programme, there is the direct involvement of the private sector through the Global
Services Skills Council (led by the private sector), which is mandated to identify and articulate the
sector's skills needs, engage employers in skills development and influence skills policy. Additionally,
through this Programme, the Government has developed the National Strategy to Develop Jamaica's
Global Digital Services Sector: 2021-2025. This strategic document aims to meet the national social
and economic objectives by, among other things, re-positioning Jamaica as a higher-value
destination whilst building on its existing strength as a credible near-shore customer service
destination, thus driving both foreign and domestic investment growth into the sector and encourage
domestic entrepreneurship, especially within digital services space. Based on the success of this
programme, with the support of the IDB, a similar initiative is being developed for the
manufacturing, logistics and construction industry.

4.42. The National Competitiveness Council (NCC), established in 2010, has been highly influential
in monitoring the implementation of the Business Environment Reform Agenda (BERA). The NCC,
the Technical Secretariat, coordinates with various Government agencies to identify, monitor, and
implement reforms to enhance Jamaica's competitiveness. These reforms are implemented across
over 17 Government entities. The matrix of reforms identified includes the BERA, market
penetration, and investment facilitation as core focus areas that support economic growth. Over the
reporting period, achievements which can be attributed to the oversight of the NCC include the
following:

Minimum Business Tax (Repeal) Act;

Drafting of amendments to numerous Acts, including the Transfer Tax (Amendment) Act,
Food Storage and Prevention of Infestation (Amendment) Act, Registration of Titles
(Amendment) Act, Shipping (Amendment) Act, Special Economic Zones (Amendment)
Act;

Launch of the Jamaica Trade Information Portal (JTIP) in 2019. JTIP is a one-stop point
that includes all the regulatory requirements that importers (exporters) need to fulfil in
order to trade. It provides information regarding 34 regulatory agencies. Since its
establishment, the portal has seen a total of 57,081 visitors;

Improved coordination of inspection between border agencies;

Drafting and submission of the Customs Bill 2020;

Enforcing contracts was made more accessible by introducing a judicial performance


measurement mechanism that provides publicly available information on time to
disposition and clearance rate;

17
Viewed on 18 April 2023 at: https://jis.gov.jm/massive-increase-in-employment-in-global-services-
sector/.
- 15 -

Establishment of a Government Efficiency Index.

4.43. Jamaica has advanced in its implementation of the Business Environment Reform Agenda
under the National Competitiveness Council, with the following examples as noted areas of success:

Amendments to the Companies Act, 2004;

Promulgation of the National Investment Policy (which provides the framework for the
development of the Jamaica Business Gateway);

Amendment to Stock Exchange Rules;

Development of building codes;

Promulgation of Development Orders;

Development of the Jamaica Business Gateway, formerly the National Business Portal;

Expansion of the Jamaica Single Window for Trade to include other processes for
applications for licences, permits, certificates and other documents (LPCOs) across
numerous BRAs;

Expansion of the Port Community System, including the onboarding of additional airlines.

4.44. More than four thousand (4,000) MSMEs are currently operating in Jamaica, and MSME sales
account for 13.4% of Government revenue or JMD 220 billion in taxes. MSME actors account for
15% of Jamaica's total population and 34% of Jamaica's labour force.18

4.45. Supporting the development and expansion of MSMEs has continued to be a priority for the
Government. Numerous initiatives have been geared towards supporting MSMEs, particularly the
MSME & Entrepreneurship Policy, which was updated in 2018. It is a comprehensive, coherent and
coordinated framework for addressing MSMEs policy issues and providing an outline for targeted
support to the industry to expand its contribution to socioeconomic development. The policy was
implemented in July 2023, and activities are currently being undertaken to prepare a new MSME and
Entrepreneurship Policy and Implementation Plan for the next five (5) years. This new policy will
outline the strategic priorities, programmes, strategies, and critical activities, as well as a strategy
paper containing short- and medium-term priority actions to grow and develop the MSME sector.

4.46. To support Jamaica's compliance with the Financial Action Task Force (FATF) and Caribbean
Financial Action Task Force requirements, the Micro Credit Act came into effect in July 2021. The Act
facilitates the licensing and regulation of microcredit institutions that provide financing to individuals
and MSMEs. Most notably, the Act seeks to, among other things: "provide measures for the
protection of consumers, assist the country with the ease of doing business, protect the industry
against the risk of money laundering, and assist the industry in mobilizing resources for micro and
small enterprises".19

4.47. With enterprise and innovation as a driver for economic growth, Jamaica demonstrates its
dedication to enabling business through private investments with a clear, transparent, and
predictable framework. To this end, Jamaica adopted its first National Investment Policy (NIP)
in 2022 to contribute to economic growth and job creation by promoting investment (both local and
foreign) and investment practices based on environmental, social, and governance (ESG) principles,
including gender equality. The NIP aims to position Jamaica as a significant player in the global
investment community by streamlining the processes of attraction and facilitation. Under the NIP,
measures have been implemented to facilitate investment and create a more secure environment.
These include launching a one-stop-shop portal (the Jamaica Business Gateway) to assist investors,

18 "
MSMEs to benefit from Business Roadshow" viewed on 27 March 2024, at: https://jis.gov.jm/msmes-
to-benefit-from-business-roadshow/#:~:text=there%20are%20currently%20more%20than,cent%20of%20
jamaica's%20labour%20force.
19
Viewed on 27 March 2024 at: https://boj.org.jm/wp-content/uploads/2022/10/220223-
Understanding-the-Microcredit-Act.pdf.
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as well as Jamaica's implementation of the Madrid Protocol. Additionally, the NIP provides that all
public Jamaican entities (located in Jamaica or abroad) involved in investment promotion, industry
regulation, and business facilitation will do so in keeping with the spirit and principles of the Policy.
It emphasizes that Jamaica makes no distinction between local and foreign investors, giving equal
treatment to both investors in keeping with the country's laws and without bias to either group of
investors. This is in keeping with the trade and investment principles which require Jamaica to follow
the national treatment standard.

4.48. Jamaica has continued to pursue activities that will ensure compliance with international
standards for transparency in investment and tax matters. Accordingly, three (3) bilateral Tax
Information Exchange Agreements (TIEAs) have been concluded since 2017; in addition to the
Income Tax (Amendment) Act, 2022, which complements the Special Economic Zones (Amendment)
Act, 2022, Jamaica has completed consultations on ratifying the OECD Multilateral Convention to
Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (Multilateral
Instrument or MLI).

5 TRADE POLICY AND INSTITUTIONAL FRAMEWORK

5.1 Elements of Jamaica's foreign trade policy

5.1. Jamaica's main trade policy objective is to continue expanding exports of goods and services
"while managing the flow of imports so that the economy benefits in a sustained manner".20 Jamaica
seeks to enhance its competitiveness and further deepen its integration into global value chains
whilst promoting the participation of MSMEs in trade. To this end, it promotes national and foreign
investment by providing incentives under several regimes, including the Omnibus and the SEZ
regimes.

5.2. In furtherance of its trade policy objectives, in 2017, Jamaica's Foreign Trade Policy (FTP) was
revised and renamed the National Foreign Trade Policy (NFTP), which consolidates Jamaica's
trade-related provisions previously contained in several plans, including Vision 2030 Jamaica (the
long-term national development plan, adopted in 2009), the National Export Strategy (NES, adopted
in 2009), and the National Growth Agenda (adopted in 2016). An Action Plan was developed to
execute the NFTP. Over the review period, Jamaica implemented the NFTP 2017 2022.

5.2 Institutional framework for Jamaica's foreign trade policy regime

5.3. The Ministry of Foreign Affairs and Foreign Trade (MFAFT/the Ministry) is responsible for
formulating Jamaica's foreign trade policy, coordinating its implementation, and leading trade
negotiations. In this regard, the MFAFT coordinates trade matters across ministries responsible for
cross-cutting and sectoral trade-related issues, namely, the Ministries responsible for Agriculture,
Fisheries and Mining; Culture, Gender, Entertainment and Sports; Economic Growth and Job
Creation; Finance and the Public Service; Health and Wellness; Industry, Investment and
Commerce; Justice; Labour and Social Security; Science, Energy, Telecommunication and Transport;
and Tourism; with legal advice from the Attorney-General's Chambers.

5.4. National consultations on the implementation of Jamaica's foreign trade policies and on
positions to be taken in external trade negotiations are undertaken by the Jamaica Trade Policy
Advisory Group (JAMTRADE), which is the new designation for the Jamaica Trade and Adjustment
Team (JTAT) as of 2019. JAMTRADE is a consultative mechanism comprising representatives of
trade-related ministries, departments and agencies, and representatives of the private sector and
civil society. The MFAFT reports on trade policy developments and implementation to the National
Foreign Trade Council (NFTC), which is chaired by the Minister of Foreign Affairs and Foreign Trade,
the International Relations and Trade Committee (IRTC) of the Cabinet and the Internal and External
Affairs Committee of the Houses of Parliament.

5.5. The Government is mindful of the importance of the private sector in developing and
implementing trade policy. It continues to find opportunities to engage with these stakeholders
through business organizations such as the Private Sector Organisation of Jamaica (PSOJ), the

20
Viewed on 20 March 2024, at: https://mfaft.gov.jm/wp-content/uploads/2019/03/National-Foreign-
Trade-Policy_2017-APPROVED-webversion_14Jan20193333.pdf.
- 17 -

Jamaica Manufacturers' and Exporters' Association (JMEA), the Jamaica Chamber of Commerce
(JCC), the MSME Alliance and the Small Businesses Association of Jamaica. Consultations and
engagements also include civil society, trade unions, trade and development-related associations,
and academia.

5.3 Regional integration the CARICOM Single Market and economy (CSME)

5.6. As a member of CARICOM and of the CARICOM Single Market and Economy (CSME), which was
established in 2006, Jamaica continues to actively participate in the work of the Council for Trade
and Economic Development (COTED) and other trade-related bodies established by CARICOM. The
establishment of the CSME is ongoing as more work is undertaken amongst Member States towards
greater integration.

5.7. There has been a noticeable increase in imports and exports between Jamaica and the
CARICOM region. In this regard, imports from the CARICOM region increased to USD 609.4 million
in 2022 as compared to USD 287.2 million in 2021 and USD 252.9 million in 2020. This was mainly
attributed to higher imports of mineral fuels, food, beverages and tobacco. Total exports to the
CARICOM region were valued at USD 151.6 million in 2022, up from USD 106.7 million in 2021 and
USD 82.2 million in 2020. This was driven by the end products of mineral fuels, such as lubricants.

6 BILATERAL/HEMISPHERIC AND PREFERENTIAL TRADE ARRANGEMENTS

6.1 CARICOM bilateral (third party) agreements

6.1. CARICOM currently has trade agreements with Colombia, Costa Rica, Cuba, the
Dominican Republic and Bolivarian Republic of Venezuela. During the period under review, the
Second (2nd) Additional Protocol of the Trade and Economic Cooperation Agreement between the
Caribbean Community (CARICOM) and the Government of the Republic of Cuba was signed
in November 2017.

6.2. Initiatives to streamline trade relations across individual CARICOM countries have been
encouraged, which has resulted in a Memorandum of Understanding between Jamaica and
Trinidad and Tobago on the Establishment of Trade Complaints. The MOU is aimed at providing
predictable and transparent procedures and channels of communication for resolving complaints,
which facilitates a fixed point of contact for exporter complaints and resolutions.

6.2 CARIFORUM-UK economic partnership agreement

6.3. Since 2021, Jamaica has provisionally applied the Economic Partnership Agreement with the
United Kingdom (CARIFORUM-UK EPA), which was signed in 2019. The CARIFORUM-UK EPA
provides similar market access and other trade arrangements to those contained in the
CARIFORUM-EU EPA21, which is discussed in the following section. Accordingly, Jamaica will facilitate
gradual tariff reductions over 25 years (ending in 2033), with the exclusion of 12% of Jamaica's
tariff lines. Significantly, some provisions of the UK EPA were modified (updated) slightly from the
EU EPA; i.e. tariff-rate quotas (TRQs) were re-sized, and rules of origin were adjusted. Most notably,
the value of exports from Jamaica to the UK was USD 77.95 million in 2022, up from
USD 63.69 million in 2021 and USD 56.9 million in 2020.

6.3 CARIFORUM-EU economic partnership agreement

6.4. Jamaica, like other CARIFORUM parties, experienced challenges in increasing its trade volumes,
including during the COVID-19 pandemic and post "BREXIT".22 Therefore, Jamaica's exports to the
European Union (EU) fluctuated over the period. In 2022, total exports to the EU were valued at
USD 99.4 million, a fall of 45.4% compared to the USD 181.8 million earned in 2021. This was
attributable to a decline in the export of crude materials (excluding fuels), which fell from
USD 96.8 million to USD 45.1 million. Meanwhile, the exports in 2021 exceeded the
USD 122.0 million reported for 2020. The increase reflected between 2021 and 2020 resulted from

21
WTO document WT/REG255/1, 31 May 2018.
22
"Brexit" is the term used to describe the U.K.'s withdrawal from membership of
the European Union (EU) on 31 January 2020.
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higher alumina exports, valued at USD 140.3 million in 2021, up from USD 91.5 million in 2020.
Thus, during the review period, aside from the performance of alumina, Jamaica, like other
CARIFORUM countries, was unable to capitalize on market access opportunities provided by the
Agreement.

6.4 CARIBCAN

6.5. Jamaica's participation in the Caribbean/Canada Trade Agreement (CARIBCAN) continues to


provide duty-free access to the Canadian market for various goods. Preferential exports with Canada
fluctuated over the reporting period. Exports to Canada have been steadily declining over the period,
with exports from Jamaica being USD 76 million in 2022 as compared to USD 98.38 million in 2021
and USD 118.8 million in 2020.

6.5 CARIBBEAN basin initiative (CBI)

6.6. Jamaica continues to benefit from duty-free, quota-free treatment under the US Caribbean
Basin Economic Recovery Act (CBERA) as amended by the Caribbean Basin Trade Partnership
Act (CBTPA). The CBTPA was extended to September 2030. The success of this Act is reflected in
the United States of America (USA) being one of Jamaica's most significant export partners. Most
notably, exports to the US have been consistent and increasing. In this regard, in 2022, exports to
the USA amounted to USD 910.8 million, up from USD 689.3 million in 2021 and USD 569.79 million
in 2020. This is being driven by higher exports of mineral fuels.

6.6 Generalized system of preferences (GSP)

6.7. Jamaica was granted GSP preferences by Armenia, Australia, Belarus, Japan, Kazakhstan, the
Kyrgyz Republic, New Zealand, Norway, the Russian Federation and Switzerland. This has resulted
in customs duty preferences or concessions for specific goods exported from Jamaica to these
countries.

7 MULTILATERAL FRAMEWORK THE WORLD TRADE ORGANIZATION (WTO)

7.1. As a member of the WTO, Jamaica has maintained its presence in all aspects of the WTO's work
programme. In this regard, Jamaica served as a Facilitator for the WTO's Twelfth Ministerial
Conference (MC12) on Reforms and was the lead Coordinator for the Organisation of African,
Caribbean and Pacific Group of States (OACPS). Through its involvement, Jamaica demonstrates its
commitment to ensuring positive outcomes from deliberations and fulfilling the WTO's mandate. To
this end, Jamaica supports initiatives that will address the challenges faced by the WTO, including
the necessary reforms to make the Organization more 'fit for purpose' and responsive to the needs
of developing countries.

7.2. Based on its national priorities, in 2017, Jamaica called for "more focused" dialogue on trade
and environment, stressing that it had lost an average of 2%-3% of GDP over the last 20 years due
to climate-related events.23 Additionally, at MC12, Jamaica maintained its keen interest in securing
a meaningful outcome for agriculture, as this sector is critical to achieving its development goals,
such as poverty eradication, rural development, and employment creation. A significant
consideration for the WTO is balanced trade rules, particularly in areas/sectors where small states
actively seek growth and, therefore, are most vulnerable. This position extends to fisheries as
Jamaica advocates for sufficient policy space for small-scale and artisanal fisherfolk and provides
adequate special and differential treatment provisions including de minimis considerations which
balance trade rules from a subsidies and fisheries management perspective.

7.3. Within the Organization, Jamaica has also continuously emphasized the significant contribution
of MSMEs as economic actors and their pivotal role in sustainable development. Additionally, through
the successes noted in its business environment, Jamaica believes in the importance of services to
the global economy and has stressed the need to facilitate the increased participation of developing
Members in international services trade. Jamaica further supported the continued moratorium on
e-commerce as a significant aspect of economic activities for developing countries such as Jamaica.

23
WTO document WT/MIN(17)/ST/17, 13 December 2017.
- 19 -

In addition, the Government continued to advocate for formalizing the negotiating processes to
achieve an independent, impartial, efficient, and transparent dispute settlement mechanism.

7.4. During the period under review, Jamaica did not participate as a complainant, defendant or
third party in any dispute settlement case. Jamaica continues to make notifications under the
WTO Agreements as required, including technical barriers to trade, sanitary and phytosanitary
measures, import licensing, agriculture, subsidies and countervailing measures, anti-dumping
measures, and state trading enterprises.

7.1 Implementation of the Uruguay round agreements

7.5. In 2021, the Jamaican Government recognized the twenty-one years of service provided by
the Anti-dumping and Subsidies Commission (ADSC/the Commission) as it continues to administer
the trade remedy regime for Jamaica. Plans have been progressing to repeal and replace the existing
Customs Duties (Dumping and Subsidies) Act, 1999, which will improve the usability and clarity of
the regime for manufacturers and their advisers. During the reporting period, Jamaica has not
initiated any anti-dumping, countervailing investigations, or safeguard investigations.

7.6. The Commission has maintained a strong training initiative to support MSMEs in better
understanding the benefits of trade remedies. In this regard, Pre-Filing Consultations, Industry
Training, and Public Education activities have been conducted to build capacity in industries and their
advisors. Additionally, the Commission has sought to identify funding for implementing a Help Desk
Initiative to assist industries by providing advice, drafting applications, and representing industries
in trade remedies investigations.

7.7. The ADSC's team has utilized the WTO Rules Division's i-trADe learning platform to support
further internal capacity development. Representatives of the Commission also attended the
Advanced Trade Policy Course at the WTO in 2018, the WTO Trade Remedies Workshop for Selected
Latin America and Caribbean (LAC) Investigation Authorities in Lima, Peru and the WTO Advanced
Thematic Course on WTO Dispute Settlement in 2019. Additionally, in 2019, the Commission hosted
a Technical Mission from the WTO's Rules Division to deliver rigorous training to the Staff and
Commissioners of the ADSC, Jamaica Customs Agency (JCA) and other Government officials from
select CARICOM countries.

7.8. At the institutional level, the ADSC strengthened its quality management system and obtained
its primary services ISO Certification 9001:2015 in 2022. This highlighted enhancements to
its service delivery and improved focus on customer satisfaction.

7.9. The Executive Director of the Commission has continued to provide direct support to dispute
settlement matters brought to the WTO. In this regard, in 2019, the Executive Director served as
Chairman for a WTO Dispute Settlement, this being the second such appointment. The work of the
Executive Director and Commission is a testament to Jamaica's strong resolve to provide support on
trade remedy matters to others in the region.

7.10. As Jamaica strives towards a digital and knowledge-based economy, the National Science,
Technology, and Innovation Policy (ST&I Policy) 2019 29 was launched. This Policy provides a
framework for action to enable greater invention, distribution, and exploitation of knowledge,
technology, and innovation. The Policy also seeks to promote a culture of entrepreneurship and
innovation in society and the economy.

7.11. As innovation is a central focus for Jamaica, the implementation of the Patents and Design
Act, 2020 (PDA) is a significant part of the thrust towards encouraging research and inventions. The
PDA, which entered into force in 2022, repealed the Patents Act, 1857 and the Designs Act, 1937
and has ensured full compliance with the WTO Intellectual Property Rights (TRIPS) Agreement. The
Act has introduced a new protection regime for patents and allowed inventions to be protected as
utility models. It also stipulates that compulsory licences are non-exclusive if granted to third parties
of a WTO Member. No compulsory (non-voluntary) licences were requested or given by the Supreme
Court during the review period. The Patents and Design Act 2020 also incorporates exclusions; for
instance, inventions related to plants and seeds or computer programmes cannot be patented. Also,
in 2021, Jamaica submitted its instrument of accession to the Patent Cooperation Treaty, which
entered into force in February 2022. These significant legal changes at the national level highlight
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Jamaica's commitment to fostering a business environment that values innovation and to comply
with multilateral trade agreements.

7.12. To ensure a holistic approach to intellectual property (IP), during the period, Jamaica also
completed amendments to other key pieces of legislation and updated existing policies, as follows:

i. The Trade Marks Act 2021 and Trade Marks Rules 2022 have enhanced Jamaica's
competitiveness in regional and international trade by allowing for greater efficiency in
registering trademarks in multiple jurisdictions. The amendment to the Trade Marks Act has
allowed for the local administration of the international registration of a trademark, setting
out the criteria for the international registration of a trademark, the application procedure
for international registration of trademarks, making provision for the opposition procedure
for the international registration of a trademark, and administration of fees in respect of the
international registration of trademarks. The new legislation extended the protection to new
categories of non-traditional trademarks, including visible and non-visible signs. Additional
formal requirements were also established to register 3D and colour marks. The Trade Marks
Act came into force in 2023. The changes in Jamaica's legal IP framework also allowed
Jamaica to access the Madrid Protocol (trademarks).
ii. The Copyright Act, 1993 was further amended in 2023 to enable greater access to books
and other copyright works by blind, visually impaired or otherwise, print disabled or hearing-
disabled persons. Most notably, these amendments also ensured that the provisions of the
Copyright Act were more consistent with the Marrakesh Treaty, although Jamaica was not a
party.
iii. Since 2018, Jamaica has extended the enhanced level of geographical indication (GI)
protection granted to wines and spirits to all products. As such, it is prohibited to use terms
such as "kind", "type", "style", "imitation", "comparable to", or similar along with all
registered GIs in Jamaica. Currently, Jamaica has three GIs: Blue Mountain Coffee, Jamaican
Jerk, and Jamaican Rum.

7.13. Jamaica has advanced the drafting of legislation on genetic resources, traditional knowledge,
and traditional cultural expression frameworks to implement the securitization of assets using IP.
A significant step which was completed involved a pilot project for the securitization of assets by
using intellectual property as collateral. Updates from the pilot are to be submitted, which will assist
with completing a framework to determine bank requirements for using IP as collateral to secure
a loan.

7.14. The Counter Terrorism and Organized Crime (C-TOC) Unit of the Jamaica Constabulary Force
(JCF) continues to enforce IP legislation in Jamaica. The C-TOC Unit undertakes arrests and criminal
prosecutions for breaches of the country's IP laws. Jamaica's criminal and civil courts continue to
hear and determine cases of IP infringements and assist national and international rights holders in
enforcing their IP rights in Jamaica.

7.15. Compulsory Standards in Jamaica are primarily promulgated by the Bureau of Standards of
Jamaica (BSJ), which was established in 1969 as a statutory body pursuant to the Standards
Act,1969. In 2022, a Technical Regulations Unit was established within the BSJ to facilitate the
transition to "the WTO Technical Barriers to Trade (TBT)-compliant system". The BSJ is responsible
for WTO TBT notifications and is Jamaica's TBT national enquiry point.

7.16. The primary role of the BSJ involves promoting and encouraging the maintenance of
standardization about commodities, processes and practices. Over time, its role expanded to include
providing services in relation to conformity assessment (certification, inspection, testing, and
calibration) and metrology. Since the last report, the review process for BSJ's existing legal
framework is still ongoing to create an environment conducive to the implementation of the National
Quality Policy in furtherance of shortening the process for the export of processed food and to enable
a more trade-friendly regime that brings Jamaica in line with international best practice.

7.17. The MIIC is responsible for the National Quality Policy (NQP) and the National Quality
Infrastructure (NQI). Accordingly, the MIIC established a Quality Systems Division in 2017 to
manage the implementation of ISO 9001 Management Standards across the public sector. MIIC has
appointed an ISO 9001 Ambassador to champion standards implementation across the public and
private sectors and position standards as a critical driver for development. As of 2023, thirty-seven
(37) Ministries, Departments and Agencies had attained ISO 9001:2015 QMS Certification status
- 21 -

from the National Certification Body of Jamaica (NCBJ), and five (5) other entities are pursuing the
certification.

7.18. The NQP was subject to a revision in 2019 based on:

i. Jamaica's growth agenda and the need to recognize the role of quality in global
competitiveness.
ii. Changes in the global trading system, including an increased focus on the World Trade
Organization's Technical Barriers to Trade (WTO TBT) and Sanitary and Phytosanitary (SPS)
Agreements with their attendant verification requirements and the new demands of the
Trade Facilitation Agreement.
iii. Global advances in standards, technical regulations and conformity assessment practices
over the last 16 years.
iv. Best practices have been developed in modern quality policies from other jurisdictions.
v. Increased awareness and demand for quality goods and services by global regulatory
authorities, producers, purchasers and consumers.

7.19. In 2018, the Cabinet approved the separation of the regulatory functions of the BSJ and those
duties to be undertaken by the National Compliance and Regulatory Authority (NCRA). This was to
ensure compliance with the WTO-TBT Agreement. The NCRA is an agency under MIIC responsible
for inspecting and monitoring food-processing establishments, inspecting commodities at the ports
of entry and in the domestic market, and ensuring that the scales and measuring devices used in
trade are accurate. In 2023, through the National Compliance and Regulatory Authority Act 2023
(NCRA Act), the NCRA was established as a statutory body to regulate and enforce the processes
and practices connected with the manufacture, production and treatment of commodities for which
compulsory standards, specifications or technical regulation has been declared. It is intended for
products for export, domestic market sale, and purposes incidental to or connected with the
preceding purposes.

7.20. The NCRA Act 2023 amends Section 7 of the Standards Act, 1969, to introduce the term
"technical regulation" with the view to transitioning from "voluntary and compulsory standards" to
a quality system that uses technical regulations and standards as used in the WTO. In the interim,
the BSJ continues to apply the "compulsory standard" to facilitate the transition. Jamaica has made
institutional and administrative changes, including creating the procedure to develop technical
regulations. Jamaica's WTO TBT notifications, "compulsory standards", mainly refer to human health
or safety, quality requirements, and consumer information (labelling). Over 2017 23, Jamaica
submitted 66 regular TBT notifications to the WTO, including four urgent technical regulations:
processed ackee, Portland cement, toilet paper, and hand sanitizers. In 2019, a trade concern was
brought to the attention of the WTO Committee on Technical Barriers to Trade about Jamaica's ban
on single-use plastic products; this was the first-ever TBT trade concern raised regarding a measure
imposed by Jamaica.

7.21. Jamaica National Agency for Accreditation (JANAAC) is Jamaica's national accreditation body,
which is a signatory to the Mutual Recognition Arrangement (MRA) under the International
Laboratory Accreditation Cooperation (ILAC). It recognizes the tests or certificates issued by any
foreign conformity assessment bodies accredited by MRA ILAC signatories. In 2022, Jamaica had
thirty-six (36) accredited laboratories (testing, calibrating, and medical), including the BSJ; one
(1) accredited certification body; and two (2) accredited inspection bodies.

7.22. The Ministry of Agriculture, Fisheries, and Mining (MAFM) is the central institution responsible
for animal health and plant protection. Three divisions within the Ministry are in charge of these
matters: the Veterinary Services Division, the Plant Quarantine/Production Inspection (PQPI)
Division, and the Research and Development Division. The MAFM is Jamaica's WTO SPS enquiry
point. In addition, the Pesticides Control Authority (PCA), under the Ministry of Health and Wellness
(MOHW), is also involved in securing plant health by regulating the manufacture, trade, and use of
pesticides. Importantly, climate change adversely impacts plant health and exacerbates pest control
issues.

7.23. The PQPI is responsible for undertaking plant risk analyses (PRAs). Since 2017,
one hundred and ten (110) PRAs have been carried out, of which sixty-three (63) resulted in the
imposition of phytosanitary measures to mitigate the associated risks.
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7.24. A process to update and rationalize the legislation on food, animal and plant health was
initiated during the review period. As a result, the Pesticide (Maximum Residue Limits in Crops, Food,
and Animal Feed) Regulations, 2017 came into force. At the regional level, Jamaica is a party to the
Protocol Governing CARICOM Control Analysis and Approval Procedures for Trade in Animal and
Animal Products. In 2021, CARICOM approved model bills related to animal health and plant
protection, which may be used by CARICOM members as models to draft or revise their national
legislation.

7.25. In 2017, Jamaica submitted one SPS notification to the WTO related to the Pesticide
(Maximum Residue Limits in Crops, Food, and Animal Feed) Regulations, 2017.24 Jamaica's SPS
measures have never raised any trade concerns at the WTO. In 2021, Jamaica updated its list of
regulated plant pests containing one hundred thirty-one (131) globally recognized pests (both
quarantine and regulated non-quarantine pests).

7.26. Since the previous report, the National Agricultural Health and Food Safety Coordinating
Committee now sits under the MAFM. In the light of its mandate to develop a rational, integrated
farm-to-table agricultural health and food safety system in Jamaica and to ensure the protection of
public health in a manner consistent with WTO and international standards, over the years, the
Committee has overseen the development and implementation of numerous policies to support food
safety.

7.27. Regarding animals and animal products, Jamaica hopes to repeal and replace the National
Animal Disease Importation Act, 1948, and the Meat and Meat By-Products (Inspection and Export)
Act, 1999, with legislation more in keeping with modern standards.

7.28. To support regional efforts to manage the export of animal and animal by-products, Jamaica
implemented CARICOM's Trade Policy on Animal and Animal Products (TPAAP) in 2021. This is a
regional policy designed to facilitate and create an effectively regulated environment for trade in
animals and animal products, thereby guaranteeing the supply of high-quality products and
enhancing food safety throughout the Region.25 The TRAAP also ensures CARICOM's compliance with
international trade in animal procedures, including those provided by the World Organization for
Animal Health and WTO requirements. Additionally, in 2022, CARICOM Member States approved the
Regional Agricultural Health and Food Safety Policy and Action Plan, which highlights the critical
systemic challenges to national and regional human, plant, animal, veterinary, public and
environmental health, as well as appropriate mechanisms and technically valid measures to address
these challenges.26

7.29. Regarding policies and regulations around food safety, Jamaica continues to promote safe
practices, including implementing surveillance and control systems. The National Agricultural Health
and Food Safety Coordinating Committee (NAHFSCC) is a multi-agency committee coordinating
national food safety issues. To effectively manage food safety risks, Jamaica uses the Hazard
Analysis Critical Control Point (HACCP) management system; food processing establishments using
HACCP-based systems are certified by the National Certification Body of Jamaica (NCBJ).

7.30. In line with the Cartagena Protocol, Jamaica adopted the national Biosafety Policy in 2019,
which was revised in 2020. This Policy aims to reduce the potential risks associated with handling,
transporting, trading, and using living-modified organisms (LMOs). The MAFM and the MOHW
regulate the use of LMOs in the health and agriculture sectors.

7.31. To enable greater food security, Jamaica has launched a National Seed Policy and Action Plan
(2018) aimed at establishing a sustainable seed system, which will ensure a consistent and reliable
supply of clean, affordable and accessible seed in support of improved agricultural production, yields
and health of crops and biodiversity. The Policy, which is being implemented from 2018 to 2028,
addresses areas of research, plant breeding, varietal evaluation, seed multiplication, processing,
storage, quality control, marketing, promotion, and protection of plant genetic resources for food
and agriculture.

24
WTO document G/SPS/N/JAM/15, 26 March 2018.
25
Viewed on 21 March 2024, at: https://cahfsa.org/wp-content/uploads/2022/10/Regional-AHFS-Policy-
and-Action-Plan.pdf.
26
Ibid, 25.
- 23 -

7.32. The Fair Trading Commission27 (FTC) was established in 1993 as the agency responsible
for administering the Fair Competition Act, 2003 (FCA). To implement specific provisions of the Act,
generic guidelines were issued in 2017 to assess anti-competitive practices and in 2022 to evaluate
mergers, acquisitions, and joint ventures. The Fair Competition (Amendment) Bill is being developed
to review and assess mergers, including pre-merger notifications.

7.33. The primary function of the FTC is to investigate commercial activities to determine whether
business enterprises are engaging in anti-competitive practices. During the reporting period, the
FTC initiated twenty-three (23) investigations to evaluate alleged breaches to the competition
regime, committed under the rule of reasons, in 13 (13) relevant markets. Since 2017, the
Commission has reviewed the concentration ratio in several services markets auditing, finance,
telecommunication, nursing care, and port services and formulated recommendations to enhance
competition.

7.34. Customs valuation procedures are administered by the JCA as stipulated in the Customs Act,
1941, Section 19 and Paragraph 3 of the Schedule, and are based on the WTO Valuation Agreement.
Once enacted, the Customs Bill 2020 will repeal and replace the 1941 legislation and improve
Customs practices and procedures to facilitate trade effectively and efficiently and provide a modern
framework that further enhances the ease of doing business. The Customs Bill 2020 was tabled in
Parliament and is awaiting enactment as the accompanying regulations are still being drafted. The
intent is to enact the new Customs Act and the regulations simultaneously.

7.35. Since 2020, the JCA has implemented and operated the Jamaica Single Window for Trade
(JSWIFT) in collaboration with other cross-border regulatory agencies. This electronic platform uses
the Automated System for Customs Data (ASYCUDA) World technology. ASYCUDA World is a web-
based system that accelerates customs clearance and simplifies procedures through
computerization. The implementation of ASYCUDA World is among the measures introduced by the
Government to facilitate trade, achieve greater efficiency, manage the risk criteria for customs and
the BRAs and improve the domestic business environment. The SWIFT system allows importers
(exporters) and their approved customs brokers to register and access online services related to
imports, exports, and transit. Applications for licences, permits, certificates, and seventy-one (71)
import and export LPCO services are available for submission to 10 (10) border regulatory agencies
through the JSWIFT. The border regulatory agencies that JSWIFT facilitates include the Trade Board
Limited (TBL), the Jamaica Customs Agency, the Plant Quarantine Produce Inspection Branch, the
Jamaica Agricultural Commodities Regulatory Authority, the PCA, the Firearm Licensing Authority,
the Jamaica Dairy Development Board, the Sugar Industry Authority, the Veterinary Services
Division, and the Hazardous Substances Regulatory Authority.

7.2 Implementation of the WTO agreement on trade facilitation

7.36. In 2019, Jamaica shifted some commitments from Category B to C under the WTO Agreement
on Trade Facilitation (TFA), given that some provisions required developing new processes and
procedures and external support to build the requisite capacity. Included in the areas for technical
assistance and capacity-building (TACB) support is the JCA's building out its AEO Programme to
negotiate and implement MRAs with relevant partners. As of December 2023, Jamaica has
implemented 95.8% of all its commitments (14.7% in Category A, 28.2% in Category B and 52.9%
in Category C).

7.37. Following the implementation of the Trade Facilitation Task Force in 2015, a Programme
Management Office (PMO) was established in April 2022 within the Ministry of Industry, Investment
& Commerce. The Trade Facilitation Reform Programme (TFRP) has proceeded in collaboration with
the border regulatory agencies (BRAs) and the JCA. It is supported by the World Bank/IFC Trade
Facilitation Support Programme (TFSP). Reform activities over the period include:

i. Preliminary activities to implement WTO TFA Art. 6.1 began in May 2022. The primary
outputs include a Fees and Charges Policy and a Fees and Charges Methodology, which will
provide a guide for calculating fees for import and export services and transparency on all
the various processes. Implementation is anticipated to be completed in FY 2026/2027.
ii. Activities to fully implement WTO TFA Art. 5.3, which seeks to improve test procedures in
laboratories to ensure animal, food, and human safety, have begun. In 2023, a laboratory

27
Viewed at: https://www.miic.gov.jm/content/fair-trading-commission.
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framework was being developed to support laboratory operations; full implementation


will occur in FY 2026/2027.
iii. Noting the importance of aligning with Section 2 of the WTO TFA Art. 10.9, the country has
already implemented provisions to support the temporary admission of goods. However,
several important considerations have impacted progress in this area, such as assessing the
tax implications and coordinating consultations across various Government organizations.
iv. Initiation of legislative reform activities to support cross-border trade; however, funding
constraints have negatively impacted progress on this initiative.

7.38. On a regional scale, Jamaica has maintained its participation in the CARICOM Regional
Committee on Trade Facilitation (RCTF), which facilitates regional coordination and implementation
of the TFA within CARICOM and promotes consistency between national and regional trade
facilitation priorities.

7.3 Aid for trade

7.39. The 8th Aid-for-Trade Global Review focused on COVID-19 recovery, particularly global value
chains, the importance of MSMEs, trade facilitation, supporting women's economic empowerment,
export diversification, digital transformation and environmentally sustainable development. The
Review noted that the Pandemic has heightened many trade and development challenges faced by
developing countries and LDCs.

7.40. Importantly, over the reporting period, some of Jamaica's key development partners
(including the EU, IDB, World Bank, United Nations, USA, and UK) have supported the areas
emphasized at the 8th Aid-for-Trade Global Review and have also implemented projects targeted
towards enabling, among other things:

i. Crime management;
ii. Strengthening the business environment for private-sector investment;
iii. Climate Change Adaptation;
iv. Strengthening of health systems.

7.41. Whilst the contributions of international partners are appreciated and necessary, there is
strong concern that these contributions are often in the form of loans, which, in turn, impact the
country's debt-to-GDP ratio. Jamaica is already one of the most highly indebted countries in the
world. Therefore, the Government has had to adopt a tight fiscal policy to manage the existing debt
burden and slow economic growth. This, in turn, has constrained the Government's ability to
undertake more robust measures to boost trade and trade capacity. Other significant economic
development challenges faced by Jamaica include:

i. Productivity As World Bank data indicates, Jamaica's productivity levels have been
underperforming compared to other countries over the last 40 years.
ii. Lack of economic complexity Jamaica's limited productivity and export base results in the
country being more vulnerable to external shocks.
iii. Climate change risks Experts project Jamaica will likely experience an increased frequency
of more intense weather-related shocks. Regarding climate resilience, Jamaica's
vulnerability means that this will be an ongoing concern that will require continuous and
direct funding support, considering the broad and far-reaching impact of climate change.

Considering these challenges and the ongoing shifts in the global environment, Jamaica is to review
its Aid-for-Trade Strategy 2011.

7.4 Technical assistance and capacity building

7.42. Since 2017, Jamaica has benefitted from the various technical assistance and
capacity-building (TACB) courses and programmes offered by the WTO online, at the national and
regional levels and on-site in Geneva. In this regard, between 2017 and 2022, Jamaica participated
in approximately 355 courses and workshops, which included topics focused on, among other things,
trade and public health, sanitary and phytosanitary measures, fisheries subsidiaries and
trade-related intellectual property rights. These initiatives are invaluable to expanding official's skills
and knowledge base, supporting the implementation of WTO Agreements and enabling greater
involvement in WTO's work programmes and the advancement of international trade.
- 25 -

7.43. With a keen awareness of the impact of TACB courses and the ongoing challenges for
developing countries in the global environment, Jamaica will continue to require TACB support from
the WTO, particularly in the areas of information and communication technology (ICT) infrastructure,
regulation frameworks to support e-commerce and digitization as well as greening trade for
development. At the 8th Global Aid-for-Trade Review session "Greening of Aid for Trade as an
opportunity for competitiveness" it was noted that the transition towards greening trade, if not
managed appropriately, risks creating new challenges for developing countries' prospects to use
trade as an engine for job creation and sustainable development.28 Jamaica is mindful of this and its
other challenges as a small developing country. Accordingly, the country seeks support to build its
capacity to integrate green principles into its trade activities and economy, support MSMEs, and
increase value-added goods and services for export.

8 CONCLUSION

8.1. Jamaica remains committed to supporting global trade and fulfilling its obligations under the
associated WTO agreements. While challenges persist, the foundations laid in recent years offer
promising prospects for Jamaica's sustainable development. As a heavily indebted country
susceptible to economic and environmental shocks, it is essential to obtain technical support and
facilitate dialogue that will advance our efforts to strengthen resilience, enable increased exports,
boost innovation and realize the country's vision. Considering the global shifts noted over the
reporting period, Jamaica is even more aware of its vulnerability and will continue to closely assess
developments in the international arena and advocate for more support and balanced outcomes for
developing countries.

__________

28
Viewed on 27 March 2024 at:
https://www.wto.org/english/tratop_e/devel_e/a4t_e/gr22_e/gr22ext_session_e.htm?session=032.
RESTRICTED

WT/TPR/S/457

5 June 2024

(24-4244) Page: 1/111

Trade Policy Review Body

TRADE POLICY REVIEW

REPORT BY THE SECRETARIAT

JAMAICA

This report, prepared for the fifth Trade Policy Review of Jamaica, has been drawn up by the WTO
Secretariat on its own responsibility. The Secretariat has, as required by the Agreement establishing
the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World
Trade Organization), sought clarification from Jamaica on its trade policies and practices.

Any technical questions arising from this report may be addressed to Ms Eugenia Lizano
(tel. +41 22 739 6578) and Ms Stephanie Dorange-Patoret (tel. +41 22 739 5497).

Document WT/TPR/G/457 contains the policy statement submitted by Jamaica.

Note: This report is subject to restricted circulation and press embargo until the end of the first
session of the meeting of the Trade Policy Review Body on Jamaica. This report was drafted in
English.
-2-

CONTENTS
SUMMARY ........................................................................................................................ 6
1 ECONOMIC ENVIRONMENT ........................................................................................ 10
1.1 Main features of the economy ....................................................................................10
1.2 Recent economic developments ..................................................................................13
1.2.1 Fiscal policy ..........................................................................................................13
1.2.2 Monetary and exchange rate policy ..........................................................................14
1.2.3 Balance of payments ..............................................................................................15
1.3 Developments in trade and investment ........................................................................16
1.3.1 Trends and patterns in merchandise and services trade ...............................................16
1.3.2 Trends and patterns in FDI ......................................................................................19
2 TRADE AND INVESTMENT REGIMES........................................................................... 20
2.1 General framework ...................................................................................................20
2.2 Trade policy formulation and objectives .......................................................................22
2.3 Trade agreements and arrangements ..........................................................................24
2.3.1 WTO ....................................................................................................................24
2.3.2 Regional and preferential agreements .......................................................................25
2.3.2.1 CARICOM and the CARICOM Single Market and Economy (CSME) ...............................26
2.3.2.2 Other RTAs ........................................................................................................27
2.3.3 Other agreements and arrangements ........................................................................27
2.4 Investment regime ...................................................................................................28
2.4.1 Incentives ............................................................................................................30
3 TRADE POLICIES AND PRACTICES BY MEASURE ........................................................ 33
3.1 Measures directly affecting imports .............................................................................33
3.1.1 Customs procedures, valuation, and requirements ......................................................33
3.1.2 Rules of origin .......................................................................................................36
3.1.3 Tariffs ..................................................................................................................36
3.1.3.1 Applied tariffs .....................................................................................................36
3.1.3.2 Bound tariffs ......................................................................................................39
3.1.3.3 Preferential tariffs ...............................................................................................39
3.1.3.4 Tariff concessions................................................................................................40
3.1.4 Other charges affecting imports ...............................................................................40
3.1.5 Import prohibitions, restrictions, and licensing ...........................................................41
3.1.6 Anti-dumping, countervailing, and safeguard measures ...............................................43
3.2 Measures directly affecting exports .............................................................................44
3.2.1 Customs procedures and requirements .....................................................................44
3.2.2 Taxes, charges, and levies ......................................................................................44
3.2.3 Export prohibitions, restrictions, and licensing ............................................................45
3.2.4 Export support and promotion .................................................................................45
3.2.5 Export finance, insurance, and guarantees ................................................................45
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3.3 Measures affecting production and trade ......................................................................46


3.3.1 Incentives ............................................................................................................46
3.3.1.1 Special Economic Zone (SEZ) regime .....................................................................46
3.3.1.2 Credit facilities ....................................................................................................48
3.3.2 Standards and other technical requirements ..............................................................50
3.3.3 Sanitary phytosanitary requirements ........................................................................53
3.3.4 Competition policy and price controls ........................................................................56
3.3.4.1 Competition policy ..............................................................................................56
3.3.4.2 Price controls .....................................................................................................58
3.3.5 State trading and state-owned enterprises ................................................................58
3.3.6 Government procurement .......................................................................................59
3.3.7 Intellectual property rights ......................................................................................63
4 TRADE POLICIES BY SECTOR ..................................................................................... 69
4.1 Agriculture, forestry, and fisheries ..............................................................................69
4.2 Mining ....................................................................................................................76
4.3 Manufacturing and energy .........................................................................................80
4.4 Services ..................................................................................................................83
4.4.1 Financial services ...................................................................................................83
4.4.1.1 Banking .............................................................................................................83
4.4.1.2 Insurance ..........................................................................................................86
4.4.2 Telecom services ...................................................................................................87
4.4.3 Transport .............................................................................................................89
4.4.3.1 Air transport.......................................................................................................90
4.4.3.2 Maritime transport ..............................................................................................92
4.4.4 Tourism ................................................................................................................93
5 APPENDIX TABLES .................................................................................................... 97

CHARTS

Chart 1.1 Goods and services trade (BOP based), 2017-22 ....................................................16
Chart 1.2 Exports and re-exports by HS section, 2017-22 ......................................................17
Chart 1.3 Imports by HS section, 2017-22...........................................................................17
Chart 1.4 Exports and re-exports, by region and main partner, 2017-22 ..................................18
Chart 1.5 Imports by region and main partner, 2017-22 ........................................................18
Chart 2.1 RTAs in Jamaica, 2023 ........................................................................................26
Chart 3.1 Customs risk assessment, 2017-23 ......................................................................34
Chart 3.2 Frequency distribution of MFN tariff rates, 2016 and 2023 ........................................38
Chart 3.3 Procedure to develop Jamaican "voluntary standards" .............................................53
Chart 3.4 IP data protection, 2017-22.................................................................................64
Chart 4.1 Telecom market concentration, 2017-22 ...............................................................89
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TABLES

Table 1.1 Selected economic indicators, 2017-23..................................................................10


Table 1.2 Central government fiscal balance, 2017-23...........................................................13
Table 1.3 Balance of payments, 2017-23Q3 .........................................................................15
Table 1.4 Trade in services, 2017-23Q3 ..............................................................................19
Table 1.5 FDI, 2017-22.....................................................................................................19
Table 2.1 Ministries with trade-related responsibilities, 2023 ..................................................22
Table 2.2 Jamaica's exports under unilateral preferential access, 2017-23 ................................28
Table 2.3 Revenue forgone at the border under selected incentives schemes, 2017-23 ..............30
Table 2.4 Incentives schemes, 2017-23 ..............................................................................31
Table 3.1 Customs and other fees and charges, 2023 ............................................................35
Table 3.2 Revised rules of origin CARICOM, 2023 .................................................................36
Table 3.3 Structure of the MFN tariff, 2016 and 2023 ............................................................37
Table 3.4 Tariff lines subject to Additional Stamp Duty (ASD) by HS chapter, 2023 ...................38
Table 3.5 Tariff lines bound at non-ad valorem duty, 2023 .....................................................39
Table 3.6 Analysis of certain preferential tariffs, 2023 ...........................................................40
Table 3.7 Duties and other charges collected at the border and revenue forgone, 2017-23 .........40
Table 3.8 DBJ SERVE programme, 2021-22 .........................................................................49
Table 3.9 Investigation related to competition, 2017-23 ........................................................57
Table 3.10 SOEs subject to privatization and other rationalization processes, 2017-23 ...............59
Table 3.11 Provisions related to government procurement, 2019-23........................................60
Table 3.12 Government procurement thresholds, 2017-23 .....................................................62
Table 3.13 Overview of IP legislation, 2017-23 .....................................................................65
Table 4.1 Agriculture, forestry, and fishing sector indicators, 2017-22 .....................................69
Table 4.2 Agricultural policies, 2024 ...................................................................................70
Table 4.3 Main legislation governing agricultural sector, 2024 ................................................71
Table 4.4 Products subject to import and export permit and/or licence issued by JACRA, 2023 ....74
Table 4.5 Indicators of the mining and quarrying sector, 2017-23 ...........................................77
Table 4.6 Mining legislation, 2024 ......................................................................................78
Table 4.7 Mining permits in Jamaica, 2024 ..........................................................................80
Table 4.8 Manufacturing sector indicators, 2017-22 ..............................................................80
Table 4.9 Share of mineral fuels in total exports and imports (including petroleum), 2017-22 .....81
Table 4.10 Financial sector indicators, 2017-22 ....................................................................85
Table 4.11 Insurance sector indicators, 2017-22 ..................................................................87
Table 4.12 Telecom subscriptions, by category, 2017-22 .......................................................88
Table 4.13 Air connectivity, 2017-23 ..................................................................................91
Table 4.14 International commercial air traffic, 2017-22 ........................................................91
Table 4.15 Port operations, 2017-23Q3 ...............................................................................93
Table 4.16 Tourism indicators, 2017-23Q1 ..........................................................................93
Table 4.17 TEF-financed loan programmes, 2023 .................................................................95
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BOXES

Box 2.1 Law-making process .............................................................................................21


Box 2.2 Measures to encourage e-commerce, 2017-23 ..........................................................24
Box 2.3 WES Project ........................................................................................................24
Box 2.4 Procedure to use provisions under Article 83 of the 2001 RTC .....................................27
Box 3.1 Import prohibitions and restrictions, 2023 ................................................................42
Box 3.2 Preferential financing programmes, 2017-23 ............................................................48
Box 3.3 Jamaica's ban on single-use plastics ........................................................................51
Box 4.1 CARE Programme for the tourism sector, FY2020/21-2021/22 ....................................94

APPENDIX TABLES
Table A1. 1 Merchandise exports and re-exports by HS section, 2017-22 .................................97
Table A1. 2 Merchandise imports by HS section and main HS chapter, 2017-22 ........................98
Table A1. 3 Merchandise exports and re-exports by trading partner, 2017-22 ......................... 100
Table A1. 4 Merchandise imports by trading partner, 2017-22 .............................................. 101
Table A2. 1 Notifications, 1 January 2017-31 March 2024 .................................................... 102
Table A3. 1 Summary analysis of MFN tariff, 2023 .............................................................. 104
Table A3. 2 Tariff lines where the ASD rate is greater than the ODC bound rate ...................... 105
Table A3. 3 Export requirements, 2017 and 2023 ............................................................... 107
Table A3. 4 Regulatory framework for animal health, plant protection, food safety,
and biosafety ................................................................................................................ 109
Table A3. 5 Overview of IP protection, 2017-23 .................................................................. 110
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SUMMARY

1. Jamaica, as a small, open economy considers trade and the multilateral rules-based system
as essential to promoting its socioeconomic development and enhancing resilience of its economy,
which remains vulnerable to domestic and external shocks. In this context, after a decline in real
GDP growth of 9.9% in 2020 due to the severe effects of the pandemic, the increase in commodity
prices, and several natural disasters, Jamaica is on track to recover as GDP grew at 5.2% in 2022
(latest figure available). This results from previously adopted policies to maintain macroeconomic
stability and the implementation of its pandemic-response measures under the Social and Economic
Recovery and Vaccine (SERVE) Jamaica Programme. It is also driven by a sustained rebound in
tourism and related services, owing to the lifting of restrictions related to the pandemic. Growth was
also supported by remittances, which accounted for some 22% of GDP in 2022, and the
bauxite/alumina industry. However, Jamaica's future economic and social development continues to
be constrained by a narrow economic base, which increases vulnerabilities.

2. Jamaica's main trade policy objectives remain focused on increasing and diversifying exports
of goods and services by taking advantage of market access opportunities and participating in
regional and global value chains. However, Jamaica's merchandise exports remain highly
concentrated in a small number of products, mainly chemicals, mineral products, and prepared
foodstuff, beverages, and tobacco, which together accounted for 88.6% of Jamaica's total
merchandise trade in 2022. Mineral products became Jamaica's main export product in 2021, while
exports of chemicals, which had been predominant until then, have dropped. The shift in Jamaica's
trade structure resulted from the completion of its first LNG terminal and the closure of some alumina
plants. Over the review period, exports remained also concentrated in a few trading partners; the
United States captured 60.7% of Jamaica's total merchandise trade in 2022, up from 39.3% in 2017.
Jamaica remains a net importer of merchandise trade. By contrast, it runs a significant surplus in
trade in services, mainly led by tourism receipts.

3. To take advantage of market access opportunities and participate in global value chains,
Jamaica continues to grant fiscal incentives through the Omnibus Incentives Regime, the Special
Economic Zone (SEZ), and sector-specific schemes. It also offers export credit and insurance
facilities through the National Export-Import Bank of Jamaica (EXIM Bank), with a specific focus on
SMEs involved in non-traditional exports. Jamaica also intends to provide a more favourable climate
to facilitate investment and encourage business. As such, it maintains an open investment regime
as private participation is allowed in all sectors, foreign investors are granted national treatment,
FDI is not generally capped, and registration of FDI is not required. The greater participation of
women in trade is also a key element of the Jamaican export-led strategy, as is the creation of an
enabling environment for digital trade. In this context, Jamaica's two state-owned development
banks provide financing and/or guarantees; most products are targeted at assisting MSMEs led by
women and increasing their digitalization. Jamaica continues to face challenges, such as those
related to infrastructure, that constrain the competitiveness of its exports. Efficiencies could
therefore be gained from digitalization and better use of technology. The reduction of the informal
economy and improvements in financial inclusion could also enhance productivity. Climate change
also challenges Jamaica's capacity to export and the resilience of the economy.

4. At the WTO, Jamaica stands for more flexible disciplines with regards to agriculture, is engaged
in the negotiations on fisheries subsidies and the Dialogue on Plastics Pollution and Environmentally
Sustainable Plastics Trade, supports discussions on e-commerce, and is keen to participate in other
negotiations and initiatives, but currently cannot do so due to resource constraints. Jamaica also
supports efforts to reform the WTO. During the review period, it continued to implement its
commitments under the Trade Facilitation Agreement; its rate of implementation stood at 97.5% in
March 2024. Since its last Review in 2017, Jamaica has not taken part in any dispute settlement
cases. During the period under review, Jamaican trade officials participated in numerous WTO-
related capacity-building activities.

5. To complement its efforts at the multilateral level, Jamaica is also a party to a few regional
trade agreements, CARICOM being the most important. Over the review period, Jamaica remained
involved in the work towards the establishment of the CARICOM Single Market and Economy (CSME).
Since 2021, Jamaica has provisionally applied the CARIFORUM-UK Economic Partnership Agreement.
Jamaica is also granted unilateral trade preferences by major trading partners such as the
United States and Canada.
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6. Since the last Review, Jamaica's trade policy regime has remained largely unchanged
regarding tariffs and other charges; import/export licensing, prohibitions, and restrictions; trade
remedies; and incentives. By contrast, Jamaica has made substantial revisions in areas such as
government procurement and intellectual property rights.

7. Since 2020, Jamaica has used the Jamaica Single Window for Trade (JSWIFT). JSWIFT allows
importers (exporters) and their customs brokers to register and access online services related to
imports, exports, and transit. Applications for licences, permits, certificates, and other documents
may be submitted through JSWIFT, as well as the electronic payment of custom services. For
transparency purposes, JSWIFT allows traders to track and trace shipments and customs
declarations throughout the entire clearance process. Customs valuation procedures do not appear
to have changed since the previous Review in 2017.

8. As a member of CARICOM, Jamaica applies the CARICOM common external tariff (CET) with
some exceptions; all tariff rates are ad valorem. The simple average applied MFN was 10.4% in
2023, unchanged from the average in 2016. Average tariff protection for agricultural products (WTO
definition) remains substantially higher at 20.8% than average protection for non-agricultural
products, which was 8.1% in 2023 (7.9% in 2016). Jamaica applies an Additional Stamp Duty (ASD),
levied mainly on agricultural products and some aluminium products. If the ASD is taken into
account, the overall average tariff protection increases from 10.4% to 12.2%. The average
protection for non-agricultural products remained unchanged in 2023, at 8.1%, while it increased
from 20.8% to 30.6% for agricultural products (WTO definition).

9. Jamaica continues to apply the General Consumption Tax (GCT) and the Special Consumption
Tax (SCT) on imports and domestic sales with some exceptions. The Environmental Protection Levy
(EPL), which as in 2017 remains at a rate of 0.5% of the c.i.f. value of imports, also applies to the
sale of all manufactured goods that are locally produced. The GCT rate for exports of goods and
services is zero and exports are exempt from SCT. The export levy on conch (HS 0508.00) remains
in place. Payments for customs services, which may be based on an "approximate" cost of the
services rendered (e.g. the Customs Administrative Fee (CAF)), are still in place.

10. Prohibitions, restrictions, or licences may be imposed to safeguard the health and safety of
humans and animals, the environment, and national security, or to comply with international
conventions. However, absolute import (export) prohibitions or import (export) restrictions may be
imposed for a specific period from (to) a particular origin (destination). Jamaica's import (export)
licensing regime does not seem to have been modified; however, Jamaica periodically reviews the
list of items requiring import (export) licences/permits, to remove items. Jamaica maintains an
export quota for conch (HS 0508.00), which is managed through an export licence. Jamaica does
not seem to maintain any other quotas or quantitative restrictions.

11. There were no major changes regarding the legislative and institutional framework related to
contingency trade measures during the period under review. During 2017-23 (June), Jamaica did
not initiate any anti-dumping, countervailing, or safeguard investigations.

12. In 2019, Jamaica reviewed its National Quality Policy (NQP) (adopted in 2001). The revision
concluded that the lack of an effective and efficient quality system restrained Jamaica's participation
in world trade. As a result, Jamaica is committed to, inter alia, transforming the existing system of
voluntary and compulsory standards into a WTO TBT-compliant system of technical regulations and
standards. At the time of writing, Jamaica continues to apply "compulsory standards" and has not
started to develop technical regulations, as the relevant amendment to the Standards Act has not
yet been approved.

13. No substantial changes were introduced to the SPS regime over the review period. The
national legislation remains extensive and largely outdated, although Jamaica is in the process of
updating the legislation on food and on animal and plant health. There also remains some overlap
in the regulatory functions that ministries have, e.g. in the case of food safety. Since its last Review,
Jamaica has submitted only one SPS notification to the WTO. SPS measures are published online.

14. The legal and institutional framework of Jamaica's competition regime has not been
substantially modified since the last Review. In 2022, Jamaica issued generic guidelines to assess
mergers, acquisitions, and joint ventures. There remain several state-owned enterprises (SOEs) in
-8-

operation, some of which are exclusive market players. The rationalization of SOEs, including
privatization, continued over the review period. Prices and tariffs are largely market-based, except
for electricity tariffs and some wholesale telecom tariffs that remain regulated.

15. During the review period, Jamaica substantially modified its procurement regime, as the Public
Procurement Act, 2015, which was amended in 2018, came into force in 2019. As a result, the
procurement thresholds for services were harmonized, and new modalities for the selection of
bidders were introduced. Procurement may be conducted through a digital platform. Margins of
preference continue to be granted to local suppliers. The Public Procurement Act, 2015 also provides
for reservations for MSMEs and local industries, although these have not been applied.

16. In the area of IPRs, business activities linked to the cultural and creative industries remain
important in Jamaica. Over the review period, Jamaica launched the National Science, Technology
and Innovation Policy (National ST&I Policy); adopted the Patents and Design Act, 2020, which came
into force in 2022; and amended the legislation on trademarks, geographical indications, and
copyright and related rights. These reforms are aimed at promoting innovation and enhancing
protection by allowing for the implementation of the Hague Agreement, the Madrid Protocol, and the
Patent Cooperation Treaty. Counterfeiting and piracy remain a concern, and Jamaica considers that
consumer education is vital to raise further awareness about these issues.

17. Most of Jamaica's rural population depends on agriculture, hence the sector's importance in
generating income and enhancing food security. The sector's (including agriculture, forestry, and
fisheries) contribution to GDP increased, from 6.6% in 2017 to 9.0% in 2023, even though growth
was erratic during the review period due to the pandemic and adverse weather events. Growth
resumed in 2021 and 2022, driven partly by the implementation of several programmes to support
farmers. Nevertheless, challenges remain. Jamaica is a net importer of agricultural products. The
agricultural trade balance deteriorated during the review period. As noted above, in 2023, average
tariff protection on agricultural products (WTO definition) remained above the simple average
(10.4%) at 20.8%, with tariff rates of 75% and 100% applying to dairy and meat products and
some fresh vegetables. In addition, the production, distribution, domestic sales, and trade of
agricultural goods continue to be highly regulated. Licences are required to participate in each stage
of the production chain, including transportation, distribution, and trade.

18. Mining continues to be a central pillar of the Jamaican economy. The contribution of the sector
to the economy declined, due mainly to a drop in the extraction of bauxite and the production of
alumina and the resulting decline in exports of both. Nevertheless, exports of mineral products
accounted for some 59% of total exports of goods in 2022. Mining and quarrying have a significant
socio-economic impact, as many communities depend on these activities, and they also affect the
environment. In addition, processing is an energy-intensive activity, and Jamaica's energy mix
comprises mainly non-renewable sources, which are imported. Jamaica aims to refurbish the mining
industry and green its energy mix. In addition, Jamaica intends to continue diversifying its economy
towards lighter, cleaner industries and further leverage the synergies created by, inter alia, the
tourism sector.

19. During the period under review, Jamaica promulgated, amended, and revised several laws
related to financial services aiming to clarify the main objectives of the Bank of Jamaica (BoJ),
strengthen the overall corporate governance framework, and provide for licensing and regulating of
microcredit institutions (MCIs). The BoJ has also taken several initiatives to ensure the stability of
the financial system. Jamaica has started to implement the Basel III Capital Adequacy Framework.
Nevertheless, as at the time of the last Review, Jamaican banks continue to encounter restrictions
imposed by correspondent banking relationships (CBRs), namely with respect to handling cash and
clearing checks, which is a major constraint to the provision of services. The loss of CBRs has
implications for the economy as a whole, as it is highly dependent on tourism (which requires access
to cash and the use of credit cards), and on remittances and the ability to facilitate payment for
imports.

20. Jamaica's infrastructure network remained broadly unchanged over the period under review.
In the telecom sector, efforts focused on bridging the digital divide and accelerating Jamaica's digital
transformation. Jamaica's air transport policy is aimed at increasing connectivity to support tourism
development and attract investment. Transhipment remains the main port operation due to
Jamaica's proximity to the Panama Canal. Bunkering has also become an important port activity, as
-9-

a new LNG station was completed in 2021. Rail freight is operated by private operators to export
bauxite and alumina.

21. The contribution of tourism to Jamaica's GDP, employment, and tax revenue remains
important. It is also Jamaica's biggest export service and largest source of foreign exchange, and
one of the main FDI recipients. The sector continues to benefit from specific incentive schemes and
credit facilities. Moreover, tourism-related support was provided to mitigate the impact of the
pandemic. Over the review period, diversification efforts intensified with the view to promoting
greater synergies within the domestic market and, in the aftermath of the pandemic, creating a
more resilient sector. For example, Jamaica aims to develop new products in areas such as
gastronomy, health and wellness, sport and entertainment, knowledge (education and learning),
and shopping.
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1 ECONOMIC ENVIRONMENT

1.1 Main features of the economy

1.1. Jamaica is an upper middle-income economy, according to the World Bank's classification.1
GDP per capita was USD 2,994 in 2023 recovering from the lower levels posted in the two previous
years, which resulted from the negative effects of the COVID-19 pandemic (Table 1.1). Jamaica's
real GDP grew at rates between 0.9% and 1.9% during the 2017-19 period, despite the
implementation of policies aimed at reducing fiscal expenditure and public debt. The pandemic had
a negative effect on the Jamaican economy, leading to a 9.9% real GDP contraction in 2020. 2 To
counter this, the authorities put in place policies and a programme (the COVID-19 Allocation of
Resources for Employees (CARE) Programme)3 to support the economy and employment, which
were financed by concessionary lending from bilateral and multilateral sources. 4 In 2022, the
Jamaican economy seemed to have fully recuperated from the pandemic; real GDP expanded by
4.6% in 2021 and 5.2% in 2022.5 Reflecting these growth rates, nominal GDP in 2022, at around
USD 17 billion, exceeded the pre-pandemic level observed in 2019, as did nominal GDP in 2023
(USD 19.4 billion). Growth was driven by a sustained rebound in tourism and related services,
combined with increased production and distribution activity, owing to the lifting of restrictions
related to the pandemic.6 Growth was also supported by remittances accounting for 22% of GDP in
20227, and by activity in the bauxite/alumina industry.

Table 1.1 Selected economic indicators, 2017-23


2017 2018 2019 2020 2021 2022 2023
Real sector
Nominal GDP (JMD billion) 1,895 2,027 2,110 1,967 2,210 2,623 2,994
Nominal GDP (USD billion) 14.8 15.7 15.8 13.8 14.7 17.1 19.4
Real GDP growth (%) 1.0 1.9 0.9 -9.9 4.6 5.2 ..
GDP per capita (USD)a 5,427 5,766 5,794 5,050 5,353 6,236 5,277
Distribution of GDP by economic activity
(% of current GDP)
Agriculture, hunting, forestry, and fishing 6.6 6.6 7.0 8.7 8.3 8.1 9.0
Mining and quarrying 2.3 3.1 1.8 1.5 1.2 0.8 1.3
Manufacture 7.7 7.7 7.7 8.0 8.2 8.5 8.0
Food, beverages, and tobacco 4.7 4.6 4.6 4.8 5.0 5.2 5.1
Other manufacturing 3.0 3.1 3.1 3.1 3.2 3.3 2.8
Electricity and water supply 2.8 2.9 2.9 3.3 3.3 3.4 2.8
Construction 6.6 6.7 6.8 7.7 8.2 7.2 6.6
Services 55.7 54.8 55.0 54.4 53.2 53.5 55.1
Wholesale & retail trade; repairs; installation of
15.6 15.5 15.7 16.2 16.8 17.1 15.8
machinery and equipment
Hotels and restaurants 3.9 3.8 4.0 2.4 2.7 3.9 4.2
Transport storage and communication 6.6 6.5 6.5 5.9 5.9 5.9 5.6
Finance and insurance services 8.8 8.7 9.0 9.2 8.1 7.6 7.5
Real estate renting and business activities 9.2 8.9 8.9 9.5 9.3 8.7 8.3
Producers of government services 10.3 10.5 10.5 11.9 11.1 10.6 14.2
Other services 5.4 5.3 5.3 4.6 4.4 4.6 4.6
Less financial intermediation services indirectly
4.1 4.5 4.8 5.3 5.0 4.8 5.0
measured (FISIM)
Total value added at basic prices 81.7 81.7 81.2 83.5 82.5 81.5 82.8
Taxes less subsidies on products 18.3 18.3 18.8 16.5 17.5 18.5 17.2

1
World Bank, Data for Jamaica: Upper Middle Income. Viewed at:
https://data.worldbank.org/?locations=JM-XT.
2
CEPAL (2021), Economic Survey of Latin America and the Caribbean 2021. Viewed at:
https://repositorio.cepal.org/server/api/core/bitstreams/b7dca098-1011-424f-b031-b8af7cae1ecc/content.
3
The CARE Programme provided allocations of JMD 10 billion (some USD 65 million). Ministry of Finance
and the Public Service (MOFPS) (2020), CARE: COVID-19 Allocation of Resources for Employees. Viewed at:
https://jis.gov.jm/media/2020/04/CARE-Brochure-Ministry-of-Finance-2020.pdf.
4
IMF (2020), Request for Purchase under the Rapid Financing Instrument, IMF Country Report
No. 20/167. Viewed at: https://www.imf.org/en/Publications/CR/Issues/2020/05/15/Jamaica-Request-for-
Purchase-Under-the-Rapid-Financing-Instrument-Press-Release-Staff-Report-49433.
5
IMF (2024), Jamaica and the IMF. Viewed at: https://www.imf.org/en/Countries/JAM.
6
CEPAL (2023), Economic Survey of Latin America and the Caribbean 2023. Viewed at:
https://repositorio.cepal.org/server/api/core/bitstreams/4203273b-cbff-4111-87c9-4222af025f6d/content.
7
The Global Economy, Jamaica: Remittances, Percent of GDP. Viewed at:
https://www.theglobaleconomy.com/Jamaica/remittances_percent_GDP/#:~:text=Remittances%20as%20%2
0of%20GDP&text=The%20average%20value%20for%20Jamaica,from%202022%20is%2021.57%20%.
- 11 -

2017 2018 2019 2020 2021 2022 2023


GDP by expenditure (% change at constant
prices)
Gross domestic expenditure 2.1 1.4 1.4 .. .. .. ..
Private final consumption expenditure 1.2 1.0 1.0 .. .. .. ..
Government final consumption expenditure 0.7 -0.2 1.8 .. .. .. ..
Gross fixed capital formation 4.6 5.7 1.9 .. .. .. ..
Changes in inventories 314.8 -92.2 482.8 .. .. .. ..
Exports of goods and services 5.1 8.2 3.6 .. .. .. ..
Imports of goods and services 5.8 6.0 4.2 .. .. .. ..
Employment, prices, interest rates
Unemployment rate (%)a 11.7 9.1 7.7 10.2 8.4 6.3 4.4
Employed labour force by industry (%)a
Agriculture, hunting, forestry, and fishing 16.8 16.2 15.1 15.8 15.7 14.9 13.9
Mining and quarrying 0.4 0.5 0.6 0.4 0.4 0.3 0.3
Manufacturing 6.6 6.5 6.4 6.1 6.4 6.3 6.2
Electricity, gas, and water supply 0.5 0.5 0.9 0.7 0.8 0.7 0.7
Construction 8.2 8.5 8.7 8.5 9.6 10.1 10.2
Services 67.3 67.5 68.1 68.2 67.1 67.6 68.7
Wholesale and retail trade; repair of motor 19.8 20.0 19.2 19.9 19.3 18.7 18.4
vehicles and motorcycles
Transport and storage 6.5 6.1 5.2 5.1 4.7 4.5 4.6
Accommodation and food service activities 8.3 8.4 8.8 7.7 7.6 8.2 8.5
Information and communicationb - - 1.0 1.2 1.1 1.2 1.2
Financial and insurance activities 2.2 2.1 2.2 2.2 2.2 2.4 2.3
Real estate and other business services 6.8 7.0 7.4 8.4 9.3 10.3 11.3
Public administration and defence; 5.0 4.9 5.4 5.5 5.4 5.1 5.3
compulsory social security
Education, human health, and social work 8.3 8.7 8.6 8.8 8.4 8.3 8.4
activities
Arts, entertainment, recreation, and other 10.3 10.3 10.3 9.4 9.0 8.9 8.8
services
Industry not specified (incl. extraterritorial 0.3 0.2 0.2 0.2 0.1 0.1 0.0
bodies)
Inflation (%) 4.4 3.7 3.9 9.0 5.9 10.4 6.5
Central bank policy rate (%, period average) 3.3 1.8 0.5 0.5 2.5 7.0 7.0
Central bank policy rate (%, end of period) 3.3 1.8 0.5 0.5 2.5 7.0 7.0
Memorandum:
Population ('000)a 2,729 2,728 2,732 2,735 2,738 2,742 2,746
Nominal exchange rate (JMD per USD, period 128.0 128.9 133.3 142.4 150.8 153.4 154.2
average)
Real effective exchange rate (% change) .. .. -0.3 -5.4 -4.1 .. ..
Current account (% of GDP)a -2.7 -1.5 -1.9 -1.1 1.0 -0.8 2.3
External debt (% of GDP)a 94.3 86.9 82.4 101.7 98.5 82.6 97.7
FDI, net (% of GDP) 6.0 4.9 4.2 2.4 2.2 1.9 ..
Gross international reserves (USD million)c .. .. 3,631 4,081 4,833 4,428 4,065
in months of imports .. .. 5.5 9 6.4 5.2 5.0
Remittances from emigrant workers (% of 14.6 14.9 15.2 21.0 23.9 20.1 11.1
GDP)d

.. Not available.
a Data up to 2023 third quarter.
b The information and communication sector was included in transport and storage until 2018.
c 2023 projection.
d Data up to 2023 second quarter.
Source: Statistical Institute of Jamaica (STATIN), statistics pages on national accounts, demography, labour
force. Viewed at: https://statinja.gov.jm/; Bank of Jamaica (BoJ), statistics pages on real and
external sectors, interest rates. Viewed at: https://boj.org.jm/; IMF, International Financial
Statistics (IFS) database and Jamaica: Staff Report for the 2024 Article IV Consultation, IMF Country
Report No. 24/69; and UN ECLAC, Economic Survey of Latin America and the Caribbean, 2021 and
2023 reports. Viewed at: https://repositorio.cepal.org/server/api/core/bitstreams/b888a9e3-9c0b-
4e22-8b52-6e159f40829e/content and https://www.cepal.org/en/publications/67990-economic-
survey-latin-america-and-caribbean-2023-financing-sustainable-transition.

1.2. The concessional funding and temporary debt relief sought by the Government during the
pandemic led to a substantial increase in Jamaica's public debt, to approximately 109% of GDP at
the end of 2020. However, according to an assessment by the IMF, the increase in spending was
needed to face the challenges raised by the pandemic, and did not detract from the Government's
mid-term policy, which continued to be focused on reducing the public debt to maintain
- 12 -

macroeconomic stability.8 The economy has continued to grow since 2023. The IMF estimated 2%
GDP growth in 2023, and 1.8% for 20249, with slightly weaker growth in the following years. The
Bank of Jamaica (BoJ) also expects potential output to grow over the medium term, on average, by
1% to 2%, driven by increases in physical capital stock and total factor productivity (TFP).10

1.3. Bauxite/alumina and services are the backbone of Jamaica's economy. Among services,
wholesale and retail trade and related services, partly linked to tourism, are the main contributors
to GDP, followed by government, financial, and rental and related services. Tourism is an important
activity in terms of employment, foreign exchange generation, and linkages to other sectors of the
economy, even if the contribution of hotels and restaurants, a proxy for the tourism industry, was
4.2% of GDP in 2023 (Table 1.1). Nevertheless, the impact of tourism on the economy is larger.
According to the Statistical Institute of Jamaica (STATIN), historically, accommodation and food
services accounted for some 64% of the tourism sector's direct activity, with the remaining 36%
accounted for by other industries/services including recreational activities, passenger transport
services, tour guide services, travel agencies, and rentals.11

1.4. The manufacturing sector's share of GDP increased during the review period, from 7.7% in
2017 to 8% in 2023, mainly reflecting developments in the food, beverages, and tobacco sector,
and also in the alumina/bauxite industry. The agricultural sector's contribution to GDP also increased,
from 6.6% in 2017 to 9% in 2023, albeit with a slowdown in 2021 and 2022 (Table 1.1). The sector
continues to face several structural constraints, including the prevalence of high input and labour
costs, insufficient access to credit, and vulnerability to natural disasters and climate change
(Section 4).

1.5. The unemployment rate, which had fallen between 2017 and 2019, increased during the
pandemic (to above 10% in 2020) before starting to steadily decline, as the economy gathered
steam. The sectors that accounted for the most labour during the period under review were the
wholesale and retail trade, followed by agriculture, forestry, and fishing.12

1.6. After a period of low inflation between 2017 and 2019, consumer prices started to rise in 2020,
mainly as a result of external developments, higher commodity prices, and supply shortages. On
average, consumer prices rose by 9% in 2020, declined somewhat in 2021 to 5.9%, due to the
negative effect on demand of the pandemic, but accelerated again in 2022 to 10.4%, as demand for
goods and services picked up. The acceleration of inflation also reflected higher import prices, global
supply chain bottlenecks, and weather events. The rise in fuel and food prices and higher freight
costs exerted inflationary pressures on domestic prices, particularly for electricity, petroleum
products, and construction materials. Even though reducing inflation amid high commodity prices
and transportation costs is a challenge, the BoJ's inflation targeting policy, which has recently applied
a tight monetary stance, resulted in a decline to 6.5% in 2023 (see below).

8
IMF (2020), IMF Country Report No. 20/167.
9
IMF (2024), Jamaica and the IMF. Viewed at: https://www.imf.org/en/Countries/JAM.
10
BoJ (2023), Quarterly Monetary Policy Report, November 2023, Vol. 24, No. 2. Viewed at:
https://boj.org.jm/wp-content/uploads/2023/11/November-2023-QMPR-final.pdf.
11
Statistical Institute of Jamaica (STATIN), Tourism Statistics. Viewed at:
https://statinja.gov.jm/Trade-Econ%20Statistics/Tourism/Tourism.aspx; and information provided by the
authorities.
12
STATIN (2022), The Jamaica Labour Force Survey, Annual Review 2021. Viewed at:
https://statinja.gov.jm/PubReleases.aspx.
- 13 -

1.2 Recent economic developments

1.2.1 Fiscal policy

1.7. Fiscal policy in Jamaica is designed to maintain a primary surplus of 7% of GDP for the
FY2017/18 FY2019/20 period and achieve a medium-term fiscal rule target of debt/GDP at or below
60% by end-FY2027/28 (originally set for FY2025/26 as established in the Fiscal Responsibility
Framework (FRF).13 The fiscal rule may be temporarily suspended if there is a crisis, including
health-related disasters and public emergencies, as was the case during the pandemic.14 In addition,
an Independent Fiscal Commission was created in 2021, to ensure fiscal discipline.15

1.8. The reforms made to the tax regime in 2014 led to an increase in tax revenue from 25.8% of
GDP in 2017 to 27.2% in 2023. Most revenues come from indirect taxes, including taxes on
international trade, which account for some 10% of GDP, while direct taxation accounts for less than
8% of GDP.16 Tax revenues declined in 2020 due to the pandemic, which severely affected revenue
because of the stop in tourism receipts, and to the reduction of the General Consumption Tax (GCT)
rate and the increase in fiscal incentives. This gap was covered by loans and grants from abroad,
which led to a substantial increase in the public debt. Budgetary outlays, driven by a strong policy
response to the pandemic, rose substantially in 2020 and 2021. Thus, the increase in share of total
expenditure to GDP increased from 27.3% in 2017 to 33.2% in 2020 and then dropped slightly to
30.3% in 2021 (Table 1.2).

Table 1.2 Central government fiscal balance, 2017-23


(% of GDP)
2017 2018 2019 2020 2021 2022 2023
Revenue and grants 28.4 30.5 30.8 29.4 30.3 30.3 30.1
Tax revenue 25.8 26.3 27.0 26.0 26.0 27.4 27.2
Income and profits 6.8 7.1 7.1 8.2 7.6 7.3 9.3
Production and 9.0 9.2 8.3 8.8 8.6 8.1 8.2
International trade 10.0 9.9 8.3 8.7 9.8 9.9 9.7
Non-tax revenue 2.3 3.5 3.4 3.2 3.7 2.6 2.6
0.0 0.0 0.0 0.0 0.1 0.0 0.0
0.1 0.3 0.0 0.0 0.1 0.0 0.0
0.2 0.5 0.4 0.2 0.4 0.3 0.2
Expenditure 27.3 29.2 29.4 33.2 30.3 28.6 31.4
Recurrent 25.0 26.2 26.5 29.9 28.1 26.6 29.7
8.1 9.9 10.4 12.0 11.3 10.3 9.9
9.9 9.9 10.0 11.2 10.7 10.6 14.1
9.1 9.1 9.2 10.4 9.9 9.9 13.3
0.7 0.8 0.7 0.8 0.8 0.7 0.9
7.1 6.3 6.1 6.6 6.0 5.7 5.7
3.4 2.6 2.4 2.5 2.5 2.5 2.4
3.7 3.7 3.8 4.1 3.6 3.2 3.3
2.3 3.0 2.9 3.4 2.2 2.0 1.8
2.3 3.0 2.9 3.4 2.2 2.0 1.8
Fiscal balance (surplus + / deficit ) 1.1 1.3 1.4 -3.8 0.0 1.7 -1.3
-1.7 -0.2 -4.6 5.3 0.7 -1.8 1.0
Net domestic financing -5.3 0.5 -2.2 5.8 0.6 -1.2 1.0
Net external financing 3.6 -0.7 -2.4 -0.5 0.1 -0.6 0.0
0.6 0.7 4.6 1.2 0.2 0.2 0.7
0.0 -1.8 -1.4 -2.7 -0.9 -0.2 -0.4
Overall balance (surplus + / deficit ) 1.2 -1.0 1.7 -3.3 1.2 1.6 -1.4

13
IMF (2014), Jamaica: 2014 Article IV Consultation and Fourth Review under the Extended
Arrangement under the Extended Fund Facility and Request for Modification of Performance Criteria, IMF
Country Report No. 14/169. Viewed at: https://www.imf.org/external/pubs/ft/scr/2014/cr14169.pdf.
14
MOFPS, COVID-19 and Suspension of Jamaica's Fiscal Rules. Viewed at:
https://www.mof.gov.jm/covid-19-and-suspension-of-jamaicas-fiscal-rules/.
15
Independent Fiscal Commission Act, 2021, No. 4.
16
The remaining 30% of tax revenue mainly corresponds to taxes on production and consumption. IMF
(2023), Jamaica: Staff Report for the 2022 Article IV Consultation, IMF Country Report No. 23/83. Viewed at:
https://www.imf.org/en/Publications/CR/Issues/2023/02/10/Jamaica-2022-Article-IV-Consultation-Press-
Release-Staff-Report-and-Staff-Statement-529664.
- 14 -

2017 2018 2019 2020 2021 2022 2023


Primary balance (surplus + / deficit ) 8.2 7.6 7.5 2.8 6.1 7.4 4.3
Memorandum:
Public debt (% of GDP, fiscal year)a .. .. 94.3 109.7 94.2 84.1 ..

.. Not available.
a IMF (2023), Jamaica: Staff Report for the 2022 Article IV Consultation, IMF Country Report
No. 23/83.
Source: BoJ, pages on national summary data, central government operations. Viewed at:
https://boj.org.jm/statistics/enhanced-general-data-dissemination-system-e-gdds/nsdp/; MOFPS,
Central Government Summary Accounts, fiscal monitoring tables (various issues). Viewed at:
https://www.mof.gov.jm/central-government-operations-tables/; and IMF (2023), IMF Country
Report No. 23/83.

1.9. The primary fiscal balance registered surpluses above the target of 7% of GDP during the
2017-19 period. The overall balance showed a surplus in 2017 and 2019 and small deficits in 2018.
In 2020, the primary surplus shrank to 2.8% of GDP and there was an overall deficit of 3.3% of
GDP, financed largely by domestic debt, particularly bonds. The deterioration of the fiscal accounts
reflects a reduction in tax revenue due to the recessionary effect of the pandemic and the stimulus
package that included tax benefits, as well as the increase in expenditure, mainly COVID-19-related
spending.17 Total revenue contracted, leading to a decline in its share of GDP by 1.4 percentage
points, to 29.4% in 2020. The share of tax revenue declined from 27% of GDP in 2019 to 26% in
2020. Spending, on the other hand, represented 33.2% of GDP in 2020, up from 29.4% in 2019.
This mainly reflected additional public health expenditure to contain the spread of COVID-19 and
compensate for income and other losses.18 In 2021 and 2022, the overall balance was again positive,
both due to an increase in revenue and a decrease in expenditure, as the effect of the programmes
set up for the pandemic started to wane. The primary surplus reached 6.1% of GDP in 2021 and
exceeded the 7% target in 2022.

1.10. Debt management in Jamaica is also ruled by the Public Debt Management Act (PDMA), 2012.
Thus, it should follow the FRF and meet the target of a debt/GDP at or below 60% by end-FY2027/28
(originally set for FY2025/26 .

1.11. As noted above, due to higher spending and lower revenues during the pandemic, Jamaica's
public debt increased in 2020, to 109.7% of GDP, temporarily reversing its downward trend.
However, public debt again began to contract in 2021. The public debt to GDP ratio stood at 84.1%
in 2022 (Table 1.2).

1.2.2 Monetary and exchange rate policy

1.12. The Bank of Jamaica (Amendment) Act, 2020 stipulates that the primary objective of
monetary policy is price stability, which is to be achieved through the adoption of inflation targeting.
The Minister of Finance and the Public Service, in consultation with the Governor of the BoJ, sets the
inflation target that the BoJ is to attain.19 The aim has been that inflation remains in the range of
5.0% ±1.0 percentage point.20 The main tool used by the BoJ is the policy interest rate, which is
the interest rate paid on the current accounts that deposit-taking institutions (DTIs) hold at the
BoJ.21

17
MOFPS (2020), CARE: COVID-19 Allocation of Resources for Employees. Viewed at:
https://jis.gov.jm/media/2020/04/CARE-Brochure-Ministry-of-Finance-2020.pdf.
18
The Social and Economic Recovery and Vaccine Programme for Jamaica (SERVE) Programme, valued
at JMD 60 billion, was launched to support the Ministry of Health and Wellness and the Regional Health
Authorities (RHAs), as well as to finance the South Coast Highway Project and other infrastructure projects
including farm roads. JIS (2021), "Gov't Announces $60-Billion Social and Economic Recovery Programme",
19 February. Viewed at: https://jis.gov.jm/govt-announces-60-billion-social-and-economic-recovery-
programme/#:~:text=The%20Government%20is%20to%20spend,and%20the%20Public%20Service
%2C%20Dr.
19
Bank of Jamaica (Amendment) 2020 Act, Sections 34FB and 34FF.
20
Bank of Jamaica, Recommendation for Inflation Target FY2021/22 FY2023/24. Viewed at:
https://boj.org.jm/wp-content/uploads/2021/04/Proposal-for-Inflation-Target-FY202122-FY202324.pdf.
21
Bank of Jamaica, Monetary Policy Management in Jamaica. Viewed at: https://boj.org.jm/wp-
content/uploads/2021/02/papers_pamphlets_Monetary_Policy_Management_in_Jamaica.pdf.
- 15 -

1.13. Monetary policy was relatively accommodative in the 2017-19 period, with the policy rate
declining over time from 3.3% in 2017 to 0.5% in 2019 (Table 1.1). During this period, the BoJ
maintained inflation within the target range. The policy rate stayed at 0.5% during the pandemic
and was only raised in 2021, to 2.5%, when monetary policy tightened to counter rising inflation.
In 2022, due to the increase in international commodity and shipping prices, inflation reached 10%.
To rein in this increase and keep it within the target, there was a further tightening of the monetary
policy by increasing the policy interest to 7.0%.22

1.14. Jamaica maintains a flexible exchange rate regime. The BoJ supports a market-determined
exchange rate23, hence there are moderate interventions in the foreign exchange market to ensure
that exchange rate fluctuations do not affect inflation, and it remains within the agreed target.24

1.2.3 Balance of payments

1.15. Jamaica registers a structural merchandise trade deficit, which has resulted in posting a deficit
in the current account of the balance of payments during every year of the review period, except for
2021 and 2023. The value of merchandise imports is traditionally at least three times the value of
exports. The surplus in services covers this gap to some extent but is not enough to fully make up
for the difference, which is for the most part bridged by secondary income, primarily remittances
from Jamaicans abroad, mainly in the United States and the United Kingdom. The current account
deficits have been mostly financed by foreign investment and loans.

1.16. Current account deficits (except in 2021) ranged between -2.7% of GDP in 2017 and -0.8%
in 2022 (Table 1.3). Despite the drop in tourism receipts due to the pandemic, in 2022 the deficit
(-0.8% of GDP) was contained due to the sharp contraction in imports of goods and services, as well
as the continuous flow of remittances. In 2021, there was a current account surplus, as imports of
merchandise remained at a subdued level, and income from remittances increased. After a moderate
deficit of 0.8% in 2022, figures for 2023 showed a current account surplus mainly because of the
rebound of tourism and despite an increase in imports of goods and services.

Table 1.3 Balance of payments, 2017-23Q3


(USD million)
2017 2018 2019 2020 2021 2022 2023Q3
Current account balance -397 -235 -303 -157 149 -130 327
Credits 7,823 8,853 9,093 6,787 8,595 10,640 8,597
Debits 8,220 9,088 9,396 6,944 8,446 10,770 8,270
Goods and services -2,358 -2,091 -2,278 -2,664 -3,005 -3,303 -1,982
Credits 4,867 5,791 6,031 3,249 4,401 6,424 5,439
Debits 7,225 7,882 8,309 5,913 7,405 9,726 7,421
Goods -3,553 -3,515 -4,031 -2,949 -2,782 -4,608 -3,343
Exports 1,351 1,961 1,653 1,251 1,481 1,902 1,524
Imports 4,904 5,476 5,685 4,199 4,263 6,510 4,868
Services 1,196 1,424 1,754 285 -223 1,305 1,361
Credits 3,516 3,830 4,378 1,999 2,920 4,522 3,914
Debits 2,320 2,406 2,624 1,714 3,143 3,217 2,553
Primary income -421 -596 -441 -455 -419 -347 -283
Credits 319 357 380 345 380 456 392
Debits 740 953 822 800 799 803 675
Secondary income 2,381 2,452 2,416 2,961 3,573 3,520 2,593
Credits 2,637 2,705 2,682 3,192 3,814 3,760 2,766
Debits 256 253 266 231 242 240 174
Capital account 7 20 -27 -31 -31 -30 -18
Credits 19 32 22 18 18 19 19
Debits 12 12 49 49 49 49 37

22
Bank of Jamaica (2023), Bank of Jamaica Annual Report 2022. Viewed at: https://boj.org.jm/wp-
content/uploads/2023/04/2022-BOJ-Annual-Report.pdf.
23
IMF (2023), Request for an Arrangement under the Precautionary Liquidity Line and Request for an
Arrangement under the Resilience and Sustainability Facility, IMF Country Report No. 23/105. Viewed at:
https://www.imf.org/en/Publications/CR/Issues/2023/03/07/Jamaica-Request-for-an-Arrangement-Under-the-
Precautionary-Liquidity-Line-and-Request-for-530707.
24
Bank of Jamaica (2023), Quarterly Monetary Policy Report, November 2023, Vol. 24, No. 2.
Viewed at: https://boj.org.jm/wp-content/uploads/2023/11/November-2023-QMPR-final.pdf.
- 16 -

2017 2018 2019 2020 2021 2022 2023Q3


Net lending (+) / net borrowing -390 -215 -329 -188 118 -160 309
(-) (balance from current and
capital account)
Financial account
Net lending (+) / net borrowing -1,447 -1,376 -596 -189 29 -558 439
(-) (balance from financial
account)
Direct investment -855 -762 -219 -258 -264 -258 -327
Portfolio investments -1,436 -398 -608 -344 4 756 390
Financial derivatives 17 -11 -136 24 0 0 0
Other investments 328 43 268 -60 -462 -740 47
Reserves 498 -249 99 449 752 -316 329
Net errors and omissions -1,057 -1,162 -266 -2 -89 -398 130
Current account (% of GDP) -2.7 -1.5 -1.9 -1.1 1.0 -0.8 2.3
Remittances (% of GDP)a 14.6 14.9 15.2 21.0 23.9 20.1 11.1

a IMF (2023), IMF Country Report No. 23/83.


Source: BoJ, pages on external sector statistics, balance of payment. Viewed at:
https://boj.org.jm/statistics/external-sector/balance-of-payments/.

1.3 Developments in trade and investment

1.3.1 Trends and patterns in merchandise and services trade

1.17. Exports and imports of goods and services, which accounted for 81.7% of GDP in 2017,
increased to 94.5% in 2022 (Chart 1.1). Growth in merchandise and services trade fluctuated
substantially during the period under review, mainly because of the pandemic. Although they
stagnated in 2020, trade flows recuperated in 2021, boosted by growth in services.

Chart 1.1 Goods and services trade (BOP based), 2017-22


(% of GDP) (% change)

60 60

46.0
50 40
35.4
31.3
25.2
40 19.0 20
15.7

9.1 5.4
10.5
30 4.1 0

20 -20

-28.8

10 -40
-46.1

0 -60
2017 2018 2019 2020 2021 2022

Exports (goods and services, % of GDP) Imports (goods and services, % of GDP)

Exports (goods and services, % change) Imports (goods and services, % change)

Source: BoJ, pages on external sector statistics, balance of payment. Viewed at:
https://boj.org.jm/statistics/external-sector/balance-of-payments/.

1.18. Jamaica's trade patterns regarding exports have undergone a substantial change since the
previous Review in 2017. Exports of chemicals, which had historically been predominant, declined
from 59.2% of total merchandise exports in 2018 (the highest share during the period under review)
to 14.1% in 2022, while exports of minerals increased to 58.8% in 2022. This is mainly due to the
closure of several alumina plants and an increase in exports of liquified natural gas (LNG), as
Jamaica's first LNG terminal was completed in 2019 (Chart 1.2 and Table A1. 1). On the import side,
trade patterns have remained more stable, although an increase in imports of mineral products
- 17 -

occurred in 2022, which could be related to the increase of exports of the same products (Chart 1.3
and Table A1. 2).

Chart 1.2 Exports and re-exports by HS section, 2017-22


Value (USD million) Share (%)
2,000 100

1,800 90 19.7
24.0
28.9 29.3

1,600 80 39.6

11.6
1,400 70 58.8
16.7
15.3
1,200 60 20.5

1,000 50 19.5

800 40 59.2
43.7
44.5 15.7
36.5
600 30
28.2

400 20
14.1

6.4
200 10 6.9 6.2
2.0 4.8 5.1
4.2
1.2 1.4 2.0 2.5 1.9
7.2 5.0 4.8 4.4
4.1 4.0
0 0
2017 2018 2019 2020 2021 2022 2017 2018 2019 2020 2021 2022

Other 1 - Live animals


2 - Vegetable products 6 - Chemicals
4 - Prepared foodstuffs; beverages; tobacco 5 - Mineral products

Source: WTO Secretariat calculations, based on data provided by the authorities.

Chart 1.3 Imports by HS section, 2017-22


Value (USD million) Share (%)
8,000 100

7,500
90 20.1
7,000 25.0 26.4 27.3 26.4
31.2
6,500 80
6,000 13.0
70 10.6
5,500 9.9 10.7 12.5
5,000 12.1
60 14.3
4,500 13.9 14.2
13.9 12.1
4,000 50 10.8
9.4
9.5 8.2
3,500 10.1 8.1
7.6
40
3,000 9.1
8.8 9.0 8.0
8.8 6.6
2,500 5.8
30 5.3 6.8 5.8
5.7 5.6
2,000 4.6 5.4
4.5 4.5 4.9 4.7
20 3.6 4.3
1,500 3.3 3.5 4.5 4.3
3.1 4.1
3.3 3.7 3.8 4.0
1,000
10
500 15.6 13.8 13.8 14.5 12.7 12.8

0 0
2017 2018 2019 2020 2021 2022 2017 2018 2019 2020 2021 2022

Other 1 - Live animals


2 - Vegetable products 7 - Plastics
15 - Base metals 17 - Vehicles and transport equipment
6 - Chemicals 16 - Machinery and electrical equipment
4 - Prepared foodstuffs; beverages; tobacco 5 - Mineral products

Source: WTO Secretariat calculations, based on data provided by the authorities.

1.19. Jamaica's main trading partners, despite a substantial fluctuation in trade shares, in the case
of exports, have remained almost unchanged since 2017. Merchandise exports remained
concentrated in one trading partner in the region (the United States), followed by the
European Union. The share of exports to the United States increased substantially from 39.3% in
2017 to 60.7% in 2022, while those destined for the European Union decreased from 15.3% to 5.2%
- 18 -

(Chart 1.4 and Table A1. 3). Similarly, imports originated mainly in the United States, followed by
China (Chart 1.5 and Table A1. 4).

Chart 1.4 Exports and re-exports, by region and main partner, 2017-22
Share (%) Share (%)
90
1.8

5.2 80

3.0
1.0 70
12.0
4.8
5.6
60
38.3 45.6
39.3
51.1
50 60.7
30.1
2022 2017
24.3
40
61.0

30 16.2 9.8
15.3
14.4
5.5
12.3
20 4.0 4.0
4.6 5.2
3.8 3.4
79.4 4.0 3.0
2.4 5.2
8.3 9.5 4.3
10 10.1 4.1
11.2 6.7 4.0
7.0 6.7
4.2 2.0 2.3
0
2017 2018 2019 2020 2021 2022
Americas
Europe Iceland Canada
Commonwealth of Independent States (CIS)
Asia United Kingdom Russian Federation
Middle East
Africa EU-27 United States
Other

Note: Commonwealth of Independent States, including certain associate and former member States.
Source: WTO Secretariat calculations, based on data provided by the authorities.

Chart 1.5 Imports by region and main partner, 2017-22


Share (%) Share (%)
80

1.1
10.6
70

1.7 60
9.9

16.5 50 40.4 41.7


44.5 44.8 45.8 40.6
16.4

2022 2017 40

30
72.0
8.2 7.4
7.8
6.5 6.5 7.7
20
71.8 1.4 1.3 6.5 6.8
3.1 8.6
7.0 7.8
7.1 7.5 6.0
10
6.0
5.3 5.7 2.7 2.9 5.7
2.3
4.8 4.2 4.7 4.4 3.5 3.1
0
2017 2018 2019 2020 2021 2022

Japan Trinidad and Tobago

Americas Asia Europe Other EU-27 Brazil

China United States

Source: WTO Secretariat calculations, based on data provided by the authorities.

1.20. Jamaica runs a significant trade surplus in services, mainly on account of tourism (travel and
transportation) receipts (Table 1.4). The surplus peaked at USD 1,754 million in 2019, before
plummeting to USD 285 million in 2020 and turning into a USD 223 million deficit in 2021 due to
the negative effects of the pandemic. The services balance improved substantially in 2022, when
- 19 -

the surplus reached USD 1,305 million, led by the strong increase in travel receipts. It also showed
a strong surplus of USD 1,361 million in 2023.

Table 1.4 Trade in services, 2017-23Q3


(USD million)
2017 2018 2019 2020 2021 2022 2023Q3
Services balance 1,196 1,424 1,754 285 -223 1,305 1,361
Credit 3,516 3,830 4,378 1,999 2,920 4,522 3,914
Transportation 205 226 232 173 200 305 237
Travela 2,809 3,099 3,639 1,256 2,095 3,621 3,180
Non-nationals 2,542 2,823 3,375 1,164 2,014 3,426 2,994
Non-resident Jamaicans 90 100 108 46 74 104 89
Cruise passengers 177 176 156 45 7 92 98
Other services 501 504 507 570 625 596 497
Debit 2,320 2,406 2,624 1,714 3,143 3,217 2,553
Transportation 824 913 936 724 1,925 1,533 1,225
Travel 271 286 275 131 189 295 210
Other services 1,225 1,207 1,412 859 1,029 1,389 1,119

a Visitor expenditures.
Source: BoJ, pages on external sector statistics, balance of payment. Viewed at:
https://boj.org.jm/statistics/external-sector/balance-of-payments/.

1.3.2 Trends and patterns in FDI

1.21. Net inflows of foreign direct investment (FDI) have been on a downward trend since 2017,
although some stabilization seems to have taken place in 2020 (Table 1.5). The contraction of FDI
inflows reflected the sharp reduction of investment in the mining sector. Until 2019, mining activity
traditionally attracted the largest share of FDI inflows. Tourism was the second most important
recipient of FDI until 2019, and since 2020, it has received the largest share of FDI in Jamaica
(Table 1.5). Retained earnings are another important source of FDI inflows.

Table 1.5 FDI, 2017-22


(USD million)
2017 2018 2019 2020 2021 2022
Inflows 888.8 774.6 665.4 325.1 320.5 318.7
Outflows 34.3 12.7 446.0 6.7 56.2 60.2
Net 854.5 761.9 219.4 318.4 264.3 258.5
Inflows by sector
Agricultural/manufacturing/distribution 17.0 80.0 0.0 34.5 15.0 17.9
Information tech/communication 40.0 5.7 0.0 36.4 39.4 24.3
Manufacturing (minerals and chemicals) 0.0 0.0 0.0 60.0 0.0 0.0
Insurance 0.0 0.0 0.0 0.0 0.0 0.0
Tourism 173.1 100.0 120.6 86.3 123.6 163.3
Mining 217.6 403.0 341.5 0.0 20.4 11.3
Other 142.2 0.0 0.0 34.0 0.0 0.0
Subtotal 590.0 588.7 462.1 251.2 198.4 216.8
Retained earnings 207.7 185.0 202.3 73.9 122.1 101.9
Divestment 91.1 1.0 1.0 0.0 0.0 0.0

Source: BoJ, pages on external sector statistics, foreign direct investments. Viewed at:
https://boj.org.jm/statistics/external-sector/foreign-direct-investments/.
- 20 -

2 TRADE AND INVESTMENT REGIMES

2.1 General framework

2.1. According to the 1962 Constitution, Jamaica is a constitutional, parliamentary monarchy. The
British monarch is Jamaica's head of state. He is represented by a Governor-General who is
appointed on the recommendation of the Jamaican Prime Minister.

2.2. Jamaica has three branches of government: the legislative, the executive, and the judiciary.
The Parliament, Jamaica's legislature, comprises the Governor-General, who grants royal assent to
bills passed in Parliament, and two houses: the House of Representatives and the Senate. The House
has 63 representatives directly elected by a simple majority of the votes. The senators are appointed
by the Governor-General, based on the Prime Minister's recommendations (13 senators) and the
Leader of the Opposition's (8). Members of Parliament are nominated for an unlimited number of
consecutive terms. General elections take place every five years, unless the Parliament is dissolved
before term, or the House of Representatives passes a no-confidence vote against the Government.1

2.3. Executive power vests with the Governor-General and the Cabinet, which is accountable to
Parliament. The Constitution stipulates that the Cabinet must consist of the Prime Minister and at
least 11 ministers. At the time of writing, Jamaica has 14 Cabinet ministers; the Prime Minister has
2 ministerial portfolios.2 The Prime Minister, who is the leader of the majority party or the coalition
in the House of Representatives, is appointed by the Governor-General. The Cabinet ministers, who
are members of Parliament, are nominated by the Prime Minister; two to four Cabinet ministers
must be members of the Senate.3

2.4. The judiciary is independent from the legislative and executive branches.4 It comprises (i) the
Petty Sessions Courts; (ii) the Parish Courts and other courts5; (iii) the Supreme Court and
specialized courts6; (iv) the Court of Appeals; and (v) the Judicial Committee of the Privy
Council (JCPC). The JCPC, based in London, is Jamaica's final court of appeal; only cases of certain
monetary value and "exceptional public importance" may be challenged in the JCPC.7 The Caribbean
Court of Justice (CCJ) deals with disputes related to the interpretation and application of the 2001
Revised Treaty of Chaguaramas (2001 RTC) establishing the Caribbean Community (CARICOM)
including the CARICOM Single Market and Economy (CSME). Jamaican judges are recommended by
the Judicial Service Commission and nominated by the Governor-General.8

2.5. Jamaica is divided into 14 parishes. Local authorities include 12 parish councils, the Kingston
and St. Andrew Municipal Corporation (KSAMC), and the Portmore Municipal Council. Local
authorities raise income through local taxes or transfers from the central government. The Ministry
of Local Government and Community Development oversees the functioning of local authorities and
coordinates the implementation of the central government policies at the local level.

2.6. All of Jamaica's revenues must be deposited into the Consolidated Fund. The Ministry of Finance
and the Public Service (MOFPS) allows payments out of the Fund to execute the Budget (published
in the Appropriation Act). Jamaica also has a Contingencies Fund that is used if the budget allocation
is inadequate or non-existent. Budgetary oversight is carried out by the Auditor-General; audit
findings are reported in parliamentary committee meetings.9

1
Constitution, Section 64.
2
The Prime Minister is the Minister of Defence and the Minister of Economic Growth and Job Creation.
3
Office of the Cabinet (2017), Guidelines for the Development of National Policies. Viewed at:
https://cabinet.gov.jm/wp-content/uploads/2020/08/GUIDELINES-FOR-THE-DEVELOPMENT-OF-NATIONAL-
POLICIES-August-2017-E-book.pdf.
4
Jamaica Information Services (JIS) (2018), "Cabinet Reaffirms Separation of Powers in Responding to
Judges", 13 February. Viewed at: https://jis.gov.jm/cabinet-reaffirms-separation-powers-responding-judges/.
5
Judges in Parish Courts preside over the Coroner's Courts, Traffic Courts, Drug Courts, Tax Courts,
Family Courts, Juvenile Courts, and Civil Courts.
6
The specialized courts are the Gun Court and the Revenue Court, which are presided over by judges of
the Supreme Court.
7
Supreme Court, The Court Structure and Hierarchy. Viewed at:
https://supremecourt.gov.jm/content/court-structure-and-hierarchy.
8
Office of the Services Commissions, Judicial Service Commission. Viewed at:
https://www.osc.gov.jm/index.php/judicial-service-commission/.
9
Constitution, Sections 114-120.
- 21 -

2.7. Jamaica's legal system is based on common law, and its other sources of law include the
Constitution (the supreme law) and Acts of Parliament (statutory law). Subsidiary legislation includes
regulations, rules, and orders issued by statutory bodies. Both statutory and common law must
conform to the Constitution which has been amended twice since Jamaica's last Review.10 A simple
majority of votes in the two houses of Parliament is needed to amend basic provisions, and a vote
of two thirds of the members is needed to amend important basic provisions; the latter must in
some instances also be approved by referendum.11

2.8. International treaties require Cabinet approval before signature by the Prime Minister. Jamaica
has a dualist approach with regard to international treaties. International treaties must become
national laws or they will not be legally binding. However, to ensure timely implementation during
the incorporation process, international treaties, including trade agreements, may be applied on a
provisional basis.

2.9. The process of enacting legislation has not changed since the previous Review. Bills are
introduced by the Parliament or the Cabinet.12 Constituents cannot introduce bills but can propose
drafts to Parliament; proposals that are technically and legally viable are submitted to the Cabinet.13
Bills are introduced either in the House of Representatives or the Senate, except for money bills
(e.g. the Appropriation Bill, which contains the Budget), which cannot originate in the Senate. Most
bills are first introduced in the House of Representatives. All bills go through three readings in each
house (Box 2.1). The Constitution stipulates that the Senate cannot delay money bills for more than
one month and any other bills for more than seven months. Acts adopted by the Parliament are
published online.14 Jamaica also has an online legal library.15

Box 2.1 Law-making process

The bill originates in the House of Representatives (most common practice).

First reading The bill is presented, printed, circulated, and published in the Gazette.

Second The bill is discussed but cannot be amended. The debate focuses on the general principles
reading of the bill.
Committee The bill is discussed and may be amended. The debate and the amendments focus on the
stage provisions of the bill.

Report stage The bill is presented by the Speaker of the House.

Third reading The bill may be amended to correct errors or oversights; no new amendments are allowed.
A vote is taken.
(a) If the House approves the bill, it is placed before the Senate. Three readings also take
place in the Senate.
(b) If the House rejects the bill, it cannot be reintroduced in the same session of Parliament.

In the Senate, at the third reading:


(a) If the Senate approves the bill, it is submitted to the Governor-General for royal assent.
(b) If the Senate amends the bill, the bill as amended returns to the House, where it may be (i) agreed to,
(ii) agreed to with further amendments, or (iii) disagreed to.a
(c) If the Senate rejects the bill, it cannot be reintroduced in the same session of Parliament.

10
Constitution (Amendment) (Established Fund) (Payment of Pensions) Act, 2017; and Constitution
(Amendment of Sections 96(1) and 121(1)) Act, 2023.
11
Constitution, Section 49. For a detailed description of the procedures to change the Constitution, refer
to National Library of Jamaica. Viewed at: https://nlj.gov.jm/jamaica-constitution-brief/.
12
Bills introduced by Cabinet ministers are referred to as Public Bills. Bills introduced by representatives
and senators who are not Cabinet ministers are referred to as Private Members' Bills.
13
National Library of Jamaica, Civics. Viewed at: https://nlj.gov.jm/civics/.
14
Houses of Parliament, Publications: Acts: Acts of Parliament. Viewed at:
https://www.japarliament.gov.jm/index.php.
15
Laws of Jamaica. Viewed at: https://laws.moj.gov.jm/.
- 22 -

Royal assent The bill is submitted to the Governor-General for royal assent. The bill becomes an Act.

Publication The Act is published in the Gazette. It comes into force on the publication date, unless
otherwise indicated.

a The procedure is detailed in Section 60 of the Index to Standing Orders of the House of
Representatives of Jamaica, 1964.
Note: Decisions in both houses are taken by a simple majority vote.
Source: Compiled by the WTO Secretariat based on Standing Orders of the House of Representatives of
Jamaica, 1964. Viewed at: https://www.japarliament.gov.jm/attachments/
article/339/House%20of%20Representatives%20Standing%20Orders.pdf.

2.10. Under Section 26(2) of the Disaster Risk Management Act, 2015, the Prime Minister may issue
a declaration of disaster and order measures (including trade or trade-related measures) to remove
or mitigate the effects of such disaster. During the review period, a declaration of disaster was issued
due to the COVID-19 outbreak. As a result, the Trade (Sale of Goods during Period of Declaration of
Disaster Area) Order, 2020 was promulgated to prevent price increases during the pandemic
(Section 3.3.4.2).

2.2 Trade policy formulation and objectives

2.11. No major changes in trade policy formulation and implementation have been made since the
previous Review. The Ministry of Foreign Affairs and Foreign Trade (MFAFT) is still responsible for
formulating Jamaica's foreign trade policy and coordinating its implementation. It also leads
Jamaica's trade negotiations.16

2.12. To formulate Jamaica's foreign trade policy, the MFAFT coordinates trade matters across
ministries responsible for cross-cutting and sectoral trade-related issues (Table 2.1). It also consults
with trade associations, trade unions, and civil society. Dialogue with stakeholders is held within the
framework of the Jamaica Trade Policy Advisory Group (JAMTRADE)17, which is the MFAFT's
coordinating and consultative mechanism for trade policy formulation and trade negotiations.18 To
ensure a coordinated execution of the policy, the MFAFT liaises with the relevant ministries,
departments, and agencies (MDAs). It also maintains close dialogue with the private sector.19 Trade
policy developments including implementation are periodically reported by the MFAFT to the National
Foreign Trade Council (NFTC)20 and the Cabinet's International Relations and Trade
Committee (IRTC).21 In the context of this Review, the authorities indicate that the Policy Monitoring
and Evaluation Branch of the Office of the Cabinet may, on an ad hoc basis, evaluate public policies.
However, to date, trade policies have never been evaluated.

Table 2.1 Ministries with trade-related responsibilities, 2023


Ministry Trade-related responsibilities
Agriculture, Fisheries and Trade in goods; sanitary and phytosanitary (SPS) measures; food security
Mining
Culture, Gender, Trade and gender
Entertainment and Sport
Economic Growth and Job Trade and environment; special economic zones (SEZs)/free trade zones;
Creation Jamaica Logistics Hub Initiative; port development and regulation

16
MFAFT, Foreign Trade Background. Viewed at: https://mfaft.gov.jm/about-us-2/departments-
units/foreign-trade-department/.
17
In 2019, the Jamaica Trade Adjustment Team (JTAT) was renamed JAMTRADE.
18
MFAFT (2017), National Foreign Trade Policy: Positioning Jamaica to Increase Foreign Trade.
Viewed at: https://mfaft.gov.jm/wp-content/uploads/2019/03/National-Foreign-Trade-Policy_2017-APPROVED-
webversion_14Jan20193333.pdf.
19
MFAFT (2017), National Foreign Trade Policy: Positioning Jamaica to Increase Foreign Trade.
20
The NFTC was established in 2019, is chaired by the MFAFT, and comprises trade-related
stakeholders.
21
The IRTC is one of the committees established to support the Cabinet. Members of the committees
are ministers, parliamentary secretaries, permanent secretaries/heads of agencies, and senior technical of
MDAs. The IRTC deals with any issues related to the implications of foreign policy, trade negotiations, and the
implementation of related obligations and changes thereof. Office of the Cabinet, Cabinet Committees.
Viewed at: https://cabinet.gov.jm/cabinet-committees/.
- 23 -

Ministry Trade-related responsibilities


Finance and the Public Taxation, tariffs, and other duties and charges; trade statistics; customs
Service procedures/trade facilitation; government procurement; aid-for-trade
Health and Wellness SPS measures; trade and health issues; trade in goods (pharma products)
Industry, Investment and Industrial policy; commerce and business facilitation; trade remedies; standards;
Commerce competition policy; consumer policy; rules of origin; import and export licensing;
trade facilitation; IPRs; certification and accreditation; trade and investment
promotion; SEZ and logistics development; manufacturing; e-commerce; small
business development
Science, Energy, Trade in goods (petroleum products and ethanol); R&D; technology transfer and
Telecommunications and innovation; trade in services (ICT); telecom infrastructure; trade and energy;
Transport transportation
Tourism Trade in services

Source: Information provided by the authorities.

2.13. In 2017, Jamaica's Foreign Trade Policy (FTP) was revised and renamed the National Foreign
Trade Policy (NFTP). The NFTP consolidates in one document Jamaica's trade-related provisions
previously contained in several plans, including Vision 2030 Jamaica (the long-term National
Development Plan, adopted in 2009), the National Export Strategy (NES, adopted in 2009), and the
National Growth Agenda (adopted in 2016).22 An Action Plan was set up to execute the NFTP.23 Over
the review period, Jamaica implemented the NFTP 2017-22. According to the authorities, Jamaica's
trade policy objectives, as set in the NFTP 2017-22, remain unchanged in 2023.

2.14. Jamaica considers foreign trade as "a national priority" to attain sustainable and inclusive
growth and economic development. Jamaica's main trade policy objective is to continue expanding
and diversifying exports of goods and services. To this end, Jamaica seeks to enhance its
competitiveness and further deepen its integration into global value chains while promoting the
participation of MSMEs in trade. To this end, it promotes national and foreign investment, through
the provision of incentives under several regimes, including the Omnibus and the SEZ regimes.
Jamaica has also launched the Global Logistics Hub Initiative (GLHI) aimed at diversifying economic
activities, by developing SEZs and transforming Jamaica into a global logistics hub. According to the
NFTP, the scope of Jamaica's trade policy will also depend on developing efficient connectivity,
addressing issues (unreliability and costs) of its power supply, and creating a safer place to do
business. In this regard, Jamaica adopted its first National Investment Policy in 2022 to create a
more predictable investment climate and it continues to implement measures aimed at making it
easier to do business. This in turn rests heavily on completion of institutional reforms and legislative
amendments.24

2.15. Regional integration continues to be key to Jamaica's trade policy. The NFTP 2017-22 stresses
that "Jamaica's foreign trade policy objectives influence, and are influenced by, regional trade
policy".25 Measures aimed at better complying with requirements in overseas markets are pursued,
as is the creation of a safe and secure cyber environment to enable the development of digital trade
and e-commerce (Box 2.2).

22
MFAFT (2017), National Foreign Trade Policy: Positioning Jamaica to Increase Foreign Trade.
23
MFAFT (2017), Action Plan, National Foreign Trade Policy (2017-22): Positioning Jamaica to Increase
Foreign Trade. Viewed at: https://mfaft.gov.jm/wp-content/uploads/2019/03/FTP-Action-Plan_October-2017-
APPROVED-webversion3318.pdf.
24
Ministry of Finance and the Public Service (2020), COVID-19 Economic Recovery Task Force "Rebuild
Jamaica". Viewed at: https://www.mof.gov.jm/wp-content/uploads/Rebuild-Jamaica_-COVID-19-Economic-
Recovery-Task-Force-Report-FINAL-1.pdf.
25
MFAFT (2017), National Foreign Trade Policy: Positioning Jamaica to Increase Foreign Trade, p. 50.
- 24 -

Box 2.2 Measures to encourage e-commerce, 2017-23

The Electronic Transactions Act, 2007 (last revised in 2014) establishes the legal framework for secured
electronic transactions and sets obligations concerning the sale of goods and services, focusing mainly on
consumer protection. The Data Protection Act, 2020, which came into force in December 2023, aims at further
strengthening consumer protection by promoting the safe sharing of personal data.

A three-year Micro, Small and Medium-sized Enterprise (MSME) Digital Marketing Plan was launched in 2019
to encourage the development of e-commerce. The Plan aims to assist MSMEs adapt to and use digital
marketing solutions.

The Go-Digital Voucher, a grant of up to JMD 300,000, was also offered to SMEs in 2021-22. The Voucher
was introduced as a measure to improve resiliency in the aftermath of the pandemic. In addition, since 2023,
the EXIM Bank has provided SMEs with loans to develop online sales.

Source: Compiled by the WTO, based on ECLAC (2020), "Data Protection in the Caribbean", Focus.
Viewed at: https://repositorio.cepal.org/server/api/core/bitstreams/acc5663b-1da6-4ac9-b554-
03ff5f1dcf5f/content; JIS (2020), "Government Secures Partnership to Expand E-Commerce
Opportunities for MSMEs", 4 December. Viewed at: https://jis.gov.jm/government-secures-
partnership-to-expand-e-commerce-opportunities-for-msmes/#:~:text=The%20Government
%20of%20Jamaica%20has,to%20the%20COVID%2019%20pandemic; and UNCTAD, Global
Cyberlaw Tracker. Viewed at: https://unctad.org/topic/ecommerce-and-digital-
economy/ecommerce-law-reform/global-cyberlaw-tracker.

2.16. Jamaica supports women's participation in trade. To this end, Jamaica is committed to
considering gender issues when designing and implementing foreign trade policy by ensuring equal
opportunities and inclusion.26 Several initiatives, such as the Jamaican Women's Entrepreneurship
Support (WES) Project launched in 2017-18, helped women-owned businesses (WOB) engage in
global market opportunities, by facilitating access to financing and investment opportunities,
business networks, and markets (Box 2.3). In the context of this Review, the authorities stress that
Jamaica did not have disaggregated data on gender participation in trade, even if, under the NFTP,
Jamaica is committed to facilitating data as part of its gender-inclusive trade agenda.

Box 2.3 WES Project

The Women's Entrepreneurship Support (WES) Project was established in 2017 by an MOU between the
Ministry of Culture, Gender, Entertainment and Sport (MCGES) and the former Ministry of Industry,
Commerce, Agriculture and Fisheries (MICAF). Self-employed women face challenges regarding access to
financing, capacity-building, and affordable business advisory services, as well as to global export markets.
WES seeks to promote and encourage women's involvement in entrepreneurship by helping remove the
barriers to operate and trade. Since 2017, under Phases 1 and 2 of the Project, a total of 14 beneficiaries
have received financial support, including grants, to help expand their businesses and improve their capacity.
Under Phase 3, which has not yet been launched, support would be granted mostly to women with disabilities.

Source: Information provided by the authorities.

2.17. Adapting to climate change is a priority for Jamaica. Therefore, during 2017-23, Jamaica took
steps to increase economic resilience to climate change. Measures were aimed at diversifying its
export base to reduce dependence on vulnerable sectors, incorporating environmentally friendly
practices to manage resources, upgrading infrastructure to avoid trade disruptions in adverse
conditions, and providing incentives and financing to assist businesses adopt green and
energy-efficient technologies. Capacity-building activities were also put in place to promote the
adoption of sustainable practices by businesses and society in general.27

2.3 Trade agreements and arrangements

2.3.1 WTO

2.18. Jamaica became a WTO Member in March 1995. It grants at least most-favoured-
nation (MFN) treatment to all of its trading partners. Jamaica's trade policies have been reviewed
four times; the last Review took place in 2017. Since its previous Review, Jamaica has notified
various trade and trade-related measures to the WTO (Table A2. 1). However, in March 2024,
certain notifications were pending in areas such as agriculture (market access, domestic support,

26
MFAFT (2017), National Foreign Trade Policy: Positioning Jamaica to Increase Foreign Trade.
27
Information provided by the authorities.
- 25 -

and export subsidies); applied MFN tariff and import statistics; anti-dumping, subsidies, and
countervailing measures; quantitative restrictions; and state trading enterprises. 28 Since 2017,
Jamaica has participated in numerous technical cooperation activities.29

2.19. Jamaica supports a rules-based multilateral trading system that promotes inclusiveness,
transparency, fairness, and predictability to contribute to economic growth, job creation, and poverty
reduction.30 Jamaica also considers that multilateralism protects and grants security to developing
economies, and that the WTO and the multilateral trading system contribute to resilience and
recovery, considering the adverse impact that recent sanitary and geopolitical events have had on
trade. Jamaica also believes that the WTO can contribute to creating economic opportunities for,
and mitigating the impact of crises on, women and MSMEs.31 In this regard, it underlines the WTO's
key role in capacity-building and resolving trade disputes.32 Jamaica supports WTO reform.33

2.20. Regarding the negotiations at the WTO, Jamaica considers that development must remain at
the heart of these negotiations.34 At the WTO, Jamaica is a member of the ACP Group, the G-90,
the Group of Small and Vulnerable Economies (SVEs), and the G-33; it also sponsors a joint proposal
in intellectual property.35 In the agriculture negotiations, Jamaica stands for a flexible outcome with
regard to domestic support and public stockholding for food security purposes, and it supports the
special safeguard mechanism and special and differential treatment.36 In 2017, Jamaica called for a
"more focused" dialogue on trade and environment, stressing that it had lost an average of 2%-3%
of GDP over the last 20 years due to climate-related events.37 Jamaica participates in the Dialogue
on Plastics Pollution and Environmentally Sustainable Plastics Trade and supports the discussions on
e-commerce.38 It is also actively engaged in the fisheries negotiations.39

2.21. In 2016, Jamaica accepted the Protocol concerning the Trade Facilitation Agreement (TFA)
and submitted its implementation commitments (ABC notification) in 2017. The Trade Facilitation
Task Force (TF2), established in 2015 to negotiate the TFA, is Jamaica's national committee
responsible for coordinating the implementation of TFA provisions. The TF2 comprises members from
the public and private sectors; it is chaired by the Commissioner of the Jamaica Customs
Agency (JCA). By November 2023, Jamaica had implemented 95.8% of its TFA commitments.

2.22. Over the 2017-23 period, Jamaica was not involved in any dispute settlement cases.

2.3.2 Regional and preferential agreements

2.23. Jamaica is a member of CARICOM and the Caribbean Forum of African, Caribbean and Pacific
States (CARIFORUM). As such, it participates in regional trade agreements (RTAs) with the Americas
and Europe (Chart 2.1).40 At the time of writing of this report, Jamaica has no bilateral RTAs, nor
does it maintain RTA negotiations.

2.24. The RTAs in which Jamaica participates, as a party to CARICOM, greatly differ in their scope.
The agreements with Colombia (1994) and the Bolivarian Republic of Venezuela (1992), signed
under the framework of the Latin American Integration Association (LAIA), are partial scope

28
WTO Notifications Portal. Viewed at: https://notifications.wto.org/en/status-by-member/jamaica.
29
Jamaica participated in national, regional, and global workshops, as well as in e-learning activities.
National workshops focused on agriculture, the conduct of anti-dumping and countervailing investigations,
trade in services, technical barriers to trade (TBT), and SPS measures.
30
WTO documents WT/MIN(17)/ST/17, 13 December 2017; and WT/MIN(22)/ST/116/Rev.1,
13 June 2022.
31
WTO document WT/MIN(22)/ST/116/Rev.1, 13 June 2022.
32
WTO documents WT/MIN(17)/ST/17, 13 December 2017; and WT/MIN(24)/ST/95, 26 February 2024.
33
WTO document WT/MIN(24)/ST/95, 26 February 2024.
34
WTO document WT/MIN(24)/ST/95, 26 February 2024.
35
A proposal for "modalities" in negotiations on geographical indications (a multilateral register for
wines and spirits, and extending the higher level of protection beyond wines and spirits) and "disclosure"
(patent applicants to disclose the origin of genetic resources and traditional knowledge used in the inventions).
36
WTO documents WT/MIN(22)/ST/116/Rev.1, 13 June 2022; and WT/MIN(24)/ST/95,
26 February 2024.
37
WTO document WT/MIN(17)/ST/17, 13 December 2017.
38
WTO documents WT/MIN(17)/ST/17, 13 December 2017; and WT/MIN(24)/ST/95, 26 February 2024.
39
WTO document WT/MIN(24)/ST/95, 26 February 2024.
40
CARICOM and the agreements with the European Union and the United Kingdom were notified to the
WTO. See the WTO RTA Database. Viewed at: http://rtais.wto.org/UI/PublicMaintainRTAHome.aspx.
- 26 -

agreements. By contrast, the agreements with the European Union and the United Kingdom
liberalize trade in both goods and services, while the agreements with Costa Rica, Cuba, and the
Dominican Republic cover trade in goods and provide for the negotiation of trade in services. In
addition to liberalization provisions, these agreements contain other trade-related disciplines.

2.25. The agreements that CARICOM negotiated with Colombia, Costa Rica, Cuba, and the
Dominican Republic are reciprocal only with CARICOM's More Developed Countries (MDCs), which
include Jamaica. Moreover, the agreement with the Bolivarian Republic of Venezuela is
non-reciprocal; Jamaica does not offer preferences.

Chart 2.1 RTAs in Jamaica, 2023

Colombia Cubaa
CARIFORUM
Dominican Republic
CARICOM
The Bahamas

Haiti EU

JAMAICA United
Saint Kitts and Nevis Kingdom

Belize Antigua and Barbuda


Dominica

Saint Lucia
Montserrata
Saint Vincent and
the Grenadines Barbados
Granada
Costa Rica
Trinidad and Tobago
Suriname Guyana

a Cuba and Montserrat are parties to the CARIFORUM, but they do not participate in the RTAs with the
European Union and the United Kingdom. Therefore, for the purposes of this chart, they are not
included in the CARIFORUM group of member States.
Note: AAP.A25TM: Partial Scope Agreement under Article 25 of the Treaty of Montevideo.
Source: TO RTA Database. Viewed at: http://rtais.wto.org/UI/PublicMaintainRTAHome.aspx; and Jamaica
Customs Agency. Viewed at: https://www.jacustoms.gov.jm/service/trade-agreements.

2.3.2.1 CARICOM and the CARICOM Single Market and Economy (CSME)

2.26. Jamaica continues to participate in the process of establishing the CSME as stipulated in the
2001 RTC. During the review period, progress continued towards completing the establishment of
the CARICOM Single Market (CSM), which would allow the free movement of goods, persons, and
capital; the free provision of services; and the right of establishment. However, the establishment
of the CARICOM Single Economy (CSE), which aims to achieve institutional and economic (including
fiscal) integration, has not been completed.41

2.27. Jamaica as a party to CARICOM applies the Common External Tariff (CET) for extra-regional
imports42; intra-regional trade does not attract CET rates. Jamaica applies the CET with the
exceptions scheduled in List A (suspension of the CET for an indefinite time period) and List C (use
of minimum tariff rates).43 Additional exceptions may be granted to Jamaica under Article 83 of the
2001 RTC, which allows member States to temporarily stop applying the CET on the grounds of, but
not limited to, supply shortages (Box 2.4). Under Article 83, Jamaica can apply rates that are lower

41
IMF (2020), Is the Whole Greater than the Sum of its Parts? Strengthening Caribbean Regional
Integration, Working Paper WP/20/8. Viewed at: https://www.imf.org/-
/media/Files/Publications/WP/2020/English/wpiea2020008-print-pdf.ashx.
42
The CET is applied by all CARICOM member States, except The Bahamas and Haiti.
43
Lists A and C are applied by all CARICOM member States. The tariff rates scheduled in these Lists are
specific to each member. CARICOM LDCs also apply exceptions scheduled in List D and the List of Conditional
Duty Exemptions.
- 27 -

or higher than those of the CET.44 Over the 2018-23 period, 290 importers availed themselves of
the Article 83 provisions to reduce to 0% the tariff on imports such as agricultural, pharmaceutical
(COVID-19), petroleum (gasoline), and energy-saving products.45

Box 2.4 Procedure to use provisions under Article 83 of the 2001 RTC

Jamaican importers draft a request to the Ministry of Industry, Investment and Commerce (MIIC), which
specifies the goods and the quantities concerned. The MIIC holds consultations with stakeholders before
submitting the request to the CARICOM Council for Trade and Economic Development (COTED). To assess the
request, COTED considers different criteria, such as supply shortages, revenue loss, rising cost of living,
economic or industrial support, and environmental protection. The suspension of duties may be applied for up
to one year.

Source: Protocol to Amend Article 83; and information provided by the authorities.

2.28. In case of supply shortages, the 2001 RTC provides for a safeguard mechanism to allow
flexibility in the application of the CARICOM rules of origin. In these instances, origin could be
granted to extra-regional inputs even if they are not substantially transformed.46 Over the 2017-23
period, Jamaican manufacturers benefited from the mechanism, mainly in food processing
industries.47

2.3.2.2 Other RTAs

2.29. Since 2021, Jamaica has provisionally applied the Economic Partnership Agreement with the
United Kingdom (CARIFORUM-UK EPA) signed in 2019. The CARIFORUM-UK EPA provides similar
market access and other trade arrangements to those contained in the CARIFORUM-EU EPA.48
Therefore, Jamaica is committed to gradual tariff reductions over a period of up to 25 years (which
ends in 2033); 12% of Jamaica's tariff lines are excluded from the liberalization process. However,
under the CARIFORUM-UK EPA, some provisions had to be adjusted; as a result, tariff-rate
quotas (TRQs) were resized, and rules of origin were adjusted (Section 3.1.2).

2.30. Since 2017, there have been no major changes to the existing RTAs to which Jamaica is a
party, except for the RTA with Cuba. Since 2022, Jamaica has implemented the Second Additional
Protocol to the Trade and Economic Cooperation Agreement (signed in 2017), under which
preferential treatment was extended to around 200 tariff lines (at the 8-digit level), and one tariff
line was removed from the liberalization schedule. The general rules of origin were also revised to
consider new criteria in relation to insufficient working or processing, and timelines were negotiated
to undertake the origin verification process.49

2.3.3 Other agreements and arrangements

2.31. Jamaican exports benefit from duty-free treatment under the Caribbean-Canada Free Trade
Agreement (CARIBCAN), and duty-free, quota-free treatment under the US Caribbean Basin
Economic Recovery Act (CBERA) as amended by the Caribbean Basin Trade Partnership
Act (CBTPA).50

44
MIIC, Protocol to Amend Article 83 of the Revised Treaty of Chaguaramas Establishing the Caribbean
Community Including the CARICOM Single Market and Economy. Viewed at:
https://www.miic.gov.jm/sites/default/files/pdfs/2015%20Ministry%20Paper%20128.pdf.
45
CARICOM, Suspensions of the Common External Tariff and Safeguard Certificates. Viewed at:
https://caricom.org/doctype/suspensions-of-the-common-external-tariff-and-safeguard-certificates/; and
information provided by the authorities.
46
RTC, Articles 84.3-84.7.
47
CARICOM, Suspensions of the Common External Tariff and Safeguard Certificates.
48
For details on the CARIFORUM-EU EPA, see WTO document WT/REG255/1, 31 May 2018.
49
Second Additional Protocol. Viewed at: https://caricom.org/treaties/second-protocol-to-the-trade-
and-economic-cooperation-agreement-between-caricom-and-cuba/.
50
In 2023, the WTO renewed the waiver of Article I of the GATT granted to Canada until
31 December 2033 (WTO document WT/L/1166, 10 May 2023). In 2019, the WTO renewed the waiver of
Articles I and XIII of the GATT granted to the United States until 30 September 2025 (WTO document
WT/L/1070, 17 October 2019).
- 28 -

2.32. In addition, GSP preferences are granted to Jamaica by Armenia, Australia, Japan,
Kazakhstan, the Kyrgyz Republic, New Zealand, Norway, the Russian Federation, and Switzerland.51

2.33. Jamaica mainly uses the preferences offered by CARIBCAN (Table 2.2). According to the
authorities, exports under CARIBCAN decreased in 2021 and 2022 due to lower exports of alumina.
In the context of this Review, the authorities indicate that Jamaica has not been granted GSP
preferences since 2017.

Table 2.2 Jamaica's exports under unilateral preferential access, 2017-23


(% of total exports)
2017 2018 2019 2020 2021 2022 2023 (Q3)
Canada 17.5 16.1 15.2 18.1 16.1 13.9 11.9
United States 5.8 3.8 5.6 6.4 8.1 8.2 7.1

Source: Data provided by the authorities.

2.4 Investment regime

2.34. In 2022, Jamaica launched its first National Investment Policy (NIP), formulated by the MIIC
with the assistance of Jamaica Promotions Corporation (JAMPRO), an agency under the MIIC, which
includes public and private stakeholders.52 The NIP sets 11 objectives aimed at promoting economic
growth and creating jobs through investment (both local and foreign), and investment practices,
based on environmental, social, and governance (ESG) principles, including gender equality.53
According to the authorities, measures were taken to attain each of the NIP objectives. Measures
implemented to facilitate investment and create a more secure environment for investors included
overseas promotion campaigns; the launch of a one-stop-shop portal (the Jamaica Business
Gateway) to assist investors before, during, and after establishment; and Jamaica's implementation
of the Madrid Protocol.

2.35. In addition to the NIP, over the 2017-23 period, Jamaica continued to implement the Business
Environment Reform Agenda (BERA) to foster private investment by reducing the costs of doing
business.54 Jamaica also continued or started to implement various horizontal and sectoral policies
and strategies, including the Green Economy Investment Strategy (GEIS) (since 2023) and the
MSME and Entrepreneurship Policy (adopted in 2013 and last reviewed in 2018).55

2.36. JAMPRO remains the agency responsible for investment promotion and facilitation (and for
export promotion). Over the review period, it continued to promote investment opportunities in
specific sectors, i.e. agri-business, energy, entertainment/creative industries, business process
outsourcing (BPO), logistics and infrastructure, manufacturing, mining, and tourism. In the
aftermath of the pandemic, efforts focused on those sectors that were considered to best support
economic resiliency (agri-business, BPO, and manufacturing).56 JAMPRO also provides investors with

51
Information provided by the authorities.
52
In 2018, the investment portfolio was transferred from the Ministry of Economic Growth and Job
Creation (MEGJC) to the MIIC, as was JAMPRO.
53
The NIP's objectives are to (i) establish a coordinated national approach to sustainable investment
planning; (ii) facilitate investment and make it easier to establish a business; (iii) intensify marketing and
promotion campaigns; (iv) enhance the protection of investors' rights; (v) enhance and safeguard IP
protection; (vi) facilitate access to public assets, including land; (vii) promote skilled labour force;
(viii) monitor and review investment incentives; (ix) increase Jamaica's integration into global trade and supply
chains; (x) develop trade facilitation and promotion; and (xi) strengthen aftercare investor support. MIIC
(2022), National Investment Policy A White Paper. Viewed at: https://dobusinessjamaica.com/wp-
content/uploads/2022/12/National-Investment-Nov.2022.pdf.
54
According to the authorities, measures implemented under the BERA included reinstating next-day
service for company incorporation (in 2018); reducing tax burden by eliminating the minimum business tax (in
2019); and facilitating property registration and reducing associated costs (in 2020).
55
Sectoral policies/strategies are the National Mining Policy 2010-30; the Tourism Networks Policy and
Strategy, 2020; the National Science, Technology and Innovation Policy 2022-29; the National Five-Year
Manufacturing Growth Strategy for Jamaica 2020-25; and the Global Digital Services Sector Strategy
2021-2025. MIIC (2022), National Investment Policy A White Paper.
56
JAMPRO. Viewed at: https://dobusinessjamaica.com/invest/; and MIIC (2021), "Minister Shaw
Charges JAMPRO Board of Directors to Fast-Track Diversified Investment to Drive Economic Recovery from
COVID-19", 30 March. Viewed at: https://www.miic.gov.jm/content/minister-shaw-charges-jampro-board-
directors-fast-track-diversified-investment-drive.
- 29 -

a series of free-of-charge services, including market intelligence, site identification, and facilitation
services.

2.37. Jamaica does not have legislation that regulates only the investment regime per se.

2.38. In the context of this Review, the authorities indicate that, except for minerals that are owned
by the State, no other resources or economic activities are the property of or are reserved for the
State or Jamaican nationals. Private and foreign participation is allowed in all sectors of the economy.
However, to exploit minerals, private operators require a licence or a lease. The authorities also
indicate that there are no de facto monopolies, although SOEs remain the sole players in markets
such as refining, the provision of postal services, and the operation of air communication, navigation,
and surveillance systems.

2.39. The right to own property is protected by the Constitution; expropriation is subject to "public
purpose".57 In general, foreigners may buy or lease land in Jamaica. However, according to the
authorities, there may be limitations, as land may be environmentally protected or subject to
end-use requirements (agricultural or residential purposes). Most of Jamaica's land is publicly owned
"Crown land".58 Acquisition of this land is through a divestment process undertaken through different
methods, including public auction.59 Ownership of private land is secured through deed conveyance
or certificates of title (most common practice).60

2.40. According to the authorities, foreign investors are granted national treatment, unless
stipulated in specific legislation. Foreign investors are not required to register to invest in Jamaica.
Caps on FDI are generally not applied. However, under Jamaica's air transport agreements, Jamaican
airlines operating international flights are required to be substantially owned and effectively
controlled by locals.

2.41. In 2021, the Cabinet approved the establishment of a programme to grant residence to
foreign investors. The authorities indicate that the programme had not yet been finalized as of 2023.

2.42. Jamaica gives preference to local workers. Foreigners may be hired if employers prove that
they attempted to employ local workers.61

2.43. Foreign investors' rights are protected through bilateral investment treaties (BITs).62 Jamaica
also accepts the investment arbitration awards issued by the International Centre for Settlement of
Investment Disputes (ICSID)63, as well as arbitration awards related to commercial disputes issued
by the parties to the New York Convention.64 Arbitration awards related to commercial disputes are
issued in Jamaica by the Jamaica International Arbitration Centre (JAIAC); in 2017, Jamaica revised
its legal framework for arbitration to base it on international best practices.65

57
Land Acquisition Act, 1947.
58
Crown land is administered by the National Land Agency (NLA), the Urban Development
Corporation (UDC), the Factories Corporation of Jamaica (FCJ), the Sugar Company of Jamaica Holdings
Ltd (SCJH), and the Port Authority of Jamaica (PAJ).
59
Ministry of Water, Land, Environment and Climate Change (2015), Policy Framework and Procedures
Manual for the Divestment of Government-Owned Lands 2015. Viewed at: https://udcja.com/wp-
content/uploads/2020/01/Land-Divestment-Policy-Procedures-Manual-2015.pdf; and information provided by
the authorities.
60
Jamaica Business Gateway. Viewed at: https://www.jamaicabusinessgateway.com/home.
61
MIIC (2022), National Investment Policy A White Paper. Viewed at:
https://dobusinessjamaica.com/wp-content/uploads/2022/12/National-Investment-Nov.2022.pdf; and Foreign
Nationals and Commonwealth Citizens (Employment) Act, 1964.
62
Jamaica continues to apply 11 BITs: Argentina, China, France, Germany, Italy, the Republic of Korea,
Netherlands, Spain, Switzerland, the United Kingdom, and the United States. BITs were signed with Cuba,
Egypt, Indonesia, the State of Kuwait, Nigeria, and Zimbabwe. UNCTAD Investment Policy Hub. Viewed at:
https://investmentpolicy.unctad.org/.
63
Jamaica is a party to the Washington Convention, which is incorporated through the Investment
Disputes Awards (Enforcement) Act, 1967.
64
Jamaica is a party to the New York Convention, which is incorporated through the Jamaican
Arbitration (Recognition and Enforcement of Foreign Awards) Act, 2001. In addition, in 2019 Jamaica signed
the Singapore Convention on Mediation to resolve commercial disputes.
65
The Jamaican Arbitration Act, 2017 repealed the Arbitration Act, 1990.
- 30 -

2.44. Jamaica does not impose foreign exchange restrictions or controls on capital outflows
associated with foreign investment.66 However, dividends, interest, and royalties paid abroad are
subject to withholding tax. Jamaica enforces 15 double taxation agreements (DTAs)67, 1 bilateral
Income Tax Convention (the United States), and 2 agreements for reciprocal information-sharing
(Mexico and the United States).68

2.45. The establishment of foreign companies may be through local companies (new companies or
subsidiaries) and branches (overseas companies). Both types of companies must be registered with
the Companies Office of Jamaica; the procedure is digitalized (using the Jamaica Business Gateway)
and completed within 1 or 2 business days. Since 2018, companies must provide beneficial
ownership information when registering.69

2.4.1 Incentives

2.46. Jamaica continues to offer fiscal incentives to local and foreign investors in accordance with
the NIP, which states that "Jamaica reserves its sovereign right to identify and define special
investment regimes to promote the development of certain areas or economic activities it deems
important to national development".70

2.47. Incentives continue to be provided under the Omnibus Incentive Regime and other incentive
schemes. In addition, Jamaica still grants incentives under the "Legacy Acts" to those investors that
did not switch to the Omnibus Incentive Regime on 1 January 2014 and continue to benefit from
"legacy" incentives until they expire.71 However, the benefits under the "Legacy Acts" are at present
seldom used (Table 2.3). Jamaica's special economic zone (SEZ) regime remains in place
(Section 3.3.1). The Omnibus Incentive Regime results in the highest amount of revenue forgone at
the border (Table 2.3). No data are available regarding the revenue forgone at the border as a result
of incentives granted under the SEZ regime, nor is the total revenue forgone (including corporate
income tax (CIT) and related reductions) available.

Table 2.3 Revenue forgone at the border under selected incentives schemes, 2017-23
2017 2018 2019 2020 2021 2022 2023 (Q3) Total
Total (JMD million) 76,711.8 99,604.1 96,030.4 72,706.9 94,866.9 123,975.5 55,509.3 619,45.9
(% of total)
Omnibus Incentive Regime 64.1 54.6 57.0 69.1 69.3 72.9 77.6 65.8
Other incentive schemes 55.6 82.9 75.1 44.6 44.2 36.7 28.7 34.0
"Legacy Acts" 0.7 0.4 0.3 0.4 0.2 1.2 0.5 0.2

Source: Information provided by the authorities.

2.48. Under the Omnibus Incentive Regime and the other incentive schemes, benefits consist
mainly of fiscal incentives (i.e. tariff and tax exemptions for imports and a reduction of CIT)
(Table 2.4). In 2020, a new incentive was introduced under the Income Tax Act under which eligible
companies may obtain CIT credits. Eligibility is based on the type of company or project and/or on
the amount of revenue or sales. In addition, under the Productive Inputs Relief (PIR) Scheme, a
component of the Omnibus Incentive Regime, incentives are granted only if goods are not adequately
supplied in the domestic or regional market.72 Some incentives may also be mutually exclusive; the
benefits under the Income Tax (Amendment) Act, 2020 cannot be claimed by companies established

66
MIIC (2022), National Investment Policy A White Paper. Viewed at:
https://dobusinessjamaica.com/wp-content/uploads/2022/12/National-Investment-Nov.2022.pdf.
67
The DTAs are with CARICOM member States, Canada, China, Denmark, France, Germany, Israel,
Italy (since 2018), Japan (since 2020), Mexico, Norway, Spain, Sweden, Switzerland, and United Kingdom. In
2022, a DTA was signed with the United Arab Emirates.
68
MIIC (2022), National Investment Policy A White Paper.
69
Companies Act, 2004; Companies (Amendment) Act, 2017; Companies (Amendment) Act, 2023; and
the Companies Rules, 2006.
70
MIIC (2022), National Investment Policy A White Paper.
71
"Legacy Acts" include the Export Industry (Encouragement) Act; Hotels (Incentives) Act; Resort
Cottages (Incentives) Act; International Finance Companies (Tax Relief) Act; Petroleum Refining Industry
(Encouragement) Act; Shipping (Incentives) Act; Cement Industry (Encouragement) Act; Motion Picture
Industry (Encouragement) Act; Income Tax Act (Approved Farmer Rules); Industrial Incentives Act; and
Industrial Incentives (Factory Construction) Act.
72
Jamaica's National Business Portal. Viewed at: https://dobusiness.gov.jm/.
- 31 -

under the SEZ regime or if benefiting by incentives granted under the Bauxite and Alumina Industries
(Encouragement) Act, 1950.

Table 2.4 Incentives schemes, 2017-23


(Changes introduced over the 2017-23 period are highlighted in grey)
Legislation Beneficiaries Selected incentives
Omnibus Incentive Regime
Fiscal Incentives Unregulated companiesa Employment tax credit (ETC) up to 30% against
(Miscellaneous Provisions) CIT.
Act, 2013 Claim 100% tax credit when statutory taxesb are
paid in full and on time.
Capital allowance for construction, alteration, and
renovation of industrial buildingsc; machinery and
equipment used in the production of primary
products and manufacture of goods; motor
vehicles; trade vehicles; and R&D.
Net losses may be carried forward indefinitely.
However, losses carried forward into the following
tax year are allowed up to 50%.
Income Tax Relief (Large- Large-scale projects and The nature and extent of the CIT reduction are
Scale Projects and Pioneer projects identified or as determined by the MOFPS. However, the
Industries) Act, 2013 pioneer industryd aggregate amount of tax relief granted in any one
year is limited to 0.25% of GDP in the year
immediately preceding the financial year.
Customs Tariff (Revision) PIR Scheme: agriculture, Specific goodse are imported duty-free
(Amendment) Resolution, manufacturing, (i.e. customs duties, and additional stamp duty
2013 entertainment/creative (ASD)). Companies in the agriculture and
industries, tourism, and manufacturing sectors are also eligible to receive
healthcare sectors relief from the General Consumption Tax (GCT).
Manufacturers also benefit from a 50% discount
on the Customs Administration Fee (CAF) and a
deferment on the GCT.
Stamp Duty (Amendment of Agricultural (primary Imported raw materials, intermediate products,
Schedule) Order, 2013 production) and equipment and parts, packaging materials, and
manufacturing sectors consumables are exempt from the ASD.
Other incentives schemes
Income Tax (Amendment) Group headquarters that 100% exemption of the personal income tax for
Act, 2012 (i) employ more than 29% expatriate employees.
Jamaicans; (ii) execute
centralized treasury
management and funding
activities, inter alia; and
(iii) supervise and manage
company operations
Income Tax (Amendment) Companies listed on the 100% exemption of the CIT in the first 5 years;
Act, 2016 Junior Stock Exchange 50% in the following 5 years.
Income Tax (Amendment) Companies with gross Corporate tax credit of JMD 375,000 against the
Act, 2020 annual revenues or sales CIT.
JMD 500 millionf
Urban Renewal (Tax Relief) Investment in the A 33.3% investment tax credit; tax-free rental
Act, 1995; Urban Renewal development, rehabilitation, income; exemption from transfer tax and stamp
(Tax Relief) (Amendment) or refurbishing of land or duties on any properties or land. The incentives
Act, 2021 buildings in areas declared shall be granted for at least 10 years.
as special development
areas (SDAs)g
- 32 -

Legislation Beneficiaries Selected incentives


Bauxite and Alumina Companies engaged in the Duty-free imports of capital goods, lubricating
Industries (Encouragement) mining of bauxite and the oils, grease, and other chemicals.
Act, 1950; Bauxite and production of alumina
Alumina Industries
(Encouragement)
(Amendment) Act, 2019
Petroleum Act, 1979; Companies engaged in the Duty-free imports of goods used to build and
Petroleum (Amendment) petroleum industry operate refineries and manufacture petroleum
Act, 2019 products; 100% exemption of the CIT and 100%
exemption of taxes paid on dividends, for 7 years,
and net losses may be carried forward during a
6-year period.

a Companies that are not regulated by the Bank of Jamaica, the Financial Services Commission (SFC),
the MOFPS, and the Office of Utilities Regulation (OUR).
b Education Tax and contributions to the National Housing Trust (NHT), the National Insurance
Scheme (NIS), and Human Employment and Resource Training (HEART).
c Buildings that may be used to produce primary products, hotels, hospitals, and buildings constructed
under public-private partnerships (PPP).
d Large-scale projects are assessed on the value of the capital expenditure, employment created, and
business linkages created. Projects are identified as being in a pioneer industry if they employ new,
cutting-edge, and innovative methodologies and technologies; such projects are not necessarily
large-scale projects, but they should be transformational in nature, creating value-added impact on
the Jamaican economy and society.
e Raw materials, intermediate goods, consumables, or packaging materials and equipment (including
parts) for the manufacturers, machinery and capital equipment, a set list of goods for hotels and
resort cottages and attractions, a set list of goods for the healthcare sector, and tools of trade for
the creative industries, including the film and music industries.
f The Income Tax (Amendment) Act, 2020 lists companies that are not eligible, including companies
established under the Special Economic Zones Act and those that benefit from the Bauxite and
Alumina Industries (Encouragement) Act, 1950.
g According to the Act, "any area suffering from blight or urban decay" may be declared an SDA.
Source: Compiled by the WTO Secretariat, based on information provided by the authorities; JAMPRO,
Incentives. Viewed at: https://dobusinessjamaica.com/invest/incentives/; MIIC (undated), National
Investment Policy Statement. Viewed at: https://www.miic.gov.jm/sites/default/files/pdfs/
National%20Investment%20Policy%20Statement%20-%20Jamaica.pdf; and UNCTAD, iGuide:
Jamaica. Viewed at: https://www.theiguides.org/public-docs/guides/jamaica.
- 33 -

3 TRADE POLICIES AND PRACTICES BY MEASURE

3.1 Measures directly affecting imports

3.1.1 Customs procedures, valuation, and requirements

3.1. Jamaica's customs procedures continue to be regulated by, inter alia, the Customs Act, 1941
and the Customs (Amendment) Act, 2014; the Customs Regulations, 1955; and the Executive
Agency (Jamaica Customs Agency) (Designation of Executive Agency) Order, 2013. The Customs
Bill, 2020, which would repeal the Customs Act, 1941 and further facilitate trade, is in Parliament.1

3.2. On 19 January 2016, Jamaica ratified the Trade Facilitation Agreement (TFA). Jamaica made
its ABC notification in 2017; in 2018, Jamaica notified the indicative and definitive dates for
implementation of Category B commitments and assistance for the implementation of Category C
commitments.2 In 2019, Jamaica shifted some commitments from Category B to C, given that some
provisions require the development of new process and procedures.3 As at December 2023, Jamaica
had implemented 95.8% of its commitments (14.7% in Category A, 28.2% in Category B, and 52.9%
in Category C).4

3.3. The Jamaica Customs Agency (JCA), under the Ministry of Finance and the Public Service
(MOFPS), has several mandates, inter alia: collection of revenue (e.g. customs duties, fees, and
penalties due on imports); protection of borders against illicit imports; enforcement of import and
export restrictions and prohibitions; and trade facilitation. All customs activities are governed by the
Customs Act, 1941. The JCA also enforces other laws, such as those intended to prevent illegal trade
practices, including provisions related to quotas and anti-dumping, and it keeps records for
copyrights, patents, and trademarks.5

3.4. A licensed customs broker of Jamaican nationality is required to import goods exceeding
USD 5,000 (c.i.f.); for smaller imports, the importer can clear customs directly. All importers
(exporters) must provide a Taxpayer Registration Number (TRN), Tax Compliance Certificate (TCC),
and General Consumption Tax (GCT) Certificate. Imports must be accompanied by a customs
declaration, invoice(s), a bill of lading/airway bill, and a detailed packing list of all items being
imported. Import licences and/or permits, health and/or phytosanitary certificates, and certificates
of origin might be necessary. Documents must be submitted to the JCA in electronic format. The
clearance of all goods must be done through the Electronic Single Administrative Document (eSAD)
on the ASYCUDA System.6

3.5. Since 2020, Jamaica has used the Jamaica Single Window for Trade (JSWIFT), an electronic
platform that uses the ASYCUDA World technology. The JCA implements and operates JSWIFT in
collaboration with other cross-border regulatory agencies. The system allows importers (exporters)
and their approved customs brokers to register and access online services related to imports,
exports, and transit. Applications for licences, permits, certificates, and other documents (LPCOs),
and electronic payment for services, may be submitted through JSWIFT. At present, 71 import (and
export) LPCO services are available for submission to 10 border regulatory agencies on JSWIFT.
Other government agencies will be included by March 2025, as the system is being phased in.

3.6. The Jamaica Trade Information Portal (JTIP) is the one-stop shop that includes all the
regulatory requirements that importers (exporters) need to fulfil in order to trade. JTIP includes
information on 34 regulatory agencies.7

1
Information provided by the authorities.
2
WTO documents WT/PCTF/N/JAM/1, 3 March 2015; G/TFA/N/JAM/1, 12 October 2017; and
G/TFA/N/JAM/1/Add.1, 16 August 2018.
3
WTO document G/TFA/N/JAM/1/Add.2, 30 August 2019.
4
WTO, Trade Facilitation Agreement Database. Viewed at:
https://tfadatabase.org/en/members/jamaica#notification-records.
5
Jamaica Customs Agency (JCA). Viewed at: https://www.jacustoms.gov.jm/about-us.
6
JCA, Commercial Import. Viewed at: https://www.jacustoms.gov.jm/service/commercial-import.
7
According to JTIP, these include the Ministry of Industry of Investment and Commerce (MIIC); the
Ministry of Agriculture, Fisheries, and Mining (MOA) and its Veterinary Service Division (VSD) and the Plant
Quarantine Division (PQD); the Jamaica Promotions Corporation (JAMPRO); the Jamaica Special Economic Zone
Authority (JSEZA); the Bureau of Standards Jamaica (BSJ); the JCA; the National Compliance and Regulatory
- 34 -

3.7. Customs clearance remains as it was at the time of the previous Review in 2017, and is based
on risk assessment. Goods are cleared through four channels: (i) the red channel for high-risk goods,
which require physical inspection; these goods might require licences or other permits (31.5% of
imports in 2023); (ii) the yellow channel for medium-risk goods, which require documentary review
(39.6% of imports in 2023); (iii) the green channel for goods released immediately without any
checks (23.1% of imports in 2023); and (iv) the blue channel for goods imported by authorized
economic operators (AEOs) (5.6% of imports in 2023).8 At present most shipments are cleared
through the yellow channel, followed by the red channel. During the period under review, imports
cleared through the red channel substantially declined, from 54.9% in 2017 to 31.8% 2023
(Chart 3.1). According to the authorities, the decline was due to an improvement in the use of risk
analysis to inform lane assignments and identify areas of greater vulnerability.

Chart 3.1 Customs risk assessment, 2017-23


(% of total of imports)
100
4.3 6.1 5.6 5.6
14.4 13.5 12.5
90
21.9 23.1
10.1 9.9 26.1 25.3
80 12.6

70
18.1 28.1
60 38.6
50 39.6
50.9 43.2
45.0
40

30
54.9
48.3
20 39.1
31.8
22.9 22.8 26.0
10

0
2017 2018 2019 2020 2021 2022 2023ª

Red channel Yellow channel Green channel Blue channel


a 2023 data are up to June.
Note: Red: Requires physical inspection based on the needs of the JCA and/or the other Border
Regulatory Agencies. Subject goods may require permits, etc.
Yellow: Documentary review.
Green: The Customs Broker proceeds to the port for clearance after payment.
Blue: Subject to post-clearance verifications, commodities that are regulated but are low risk,
and AEOs.
Source: Data provided by the authorities.

3.8. Goods (including commercial samples) may be imported duty-free temporarily, upon placing a
guarantee/security deposit/caution, if exported within six months (for commercial samples) or three
months (for all other goods). Time periods may be extended if reasons are provided. Upon
exportation, the deposit will be refunded excluding the Standard Compliance Fee (SCF), the
Environmental Protection Levy, and the Customs Administration Fee (CAF) (Table 3.1). If items are
not exported within the specified time, and no extension was sought, the deposit will not be
refunded.9

3.9. Jamaica maintains an AEO certification system. All importing entities may become an AEO if
they have conducted business for at least three years, import at least six full containers per year (at
least one container per year for exporters), and are compliant with all security requirements, as well

Authority (NCRA); the National Environmental Planning Agency (NEPA); the Cannabis Licensing Authority; and
the Sugar Industry Authority. Viewed at: https://www.tradeboard.gov.jm/ttbl/JTIP.php.
8
The Valuation Intelligence Risk Management System (VIRMS), which was in place at the time of the
previous Review, is no longer been utilized. The risk criteria are now managed in ASYCUDA. Information
provided by the authorities.
9
JCA, Commercial Import. Viewed at: https://www.jacustoms.gov.jm/service/commercial-import.
- 35 -

as requirements from the JCA and all other government regulatory agencies. Under the AEO scheme,
importers can import without inspection, although they may undergo random examination.10

3.10. Duties and applicable taxes and fees must be paid upfront for goods to be cleared. Measures
are in place to allow the provisional clearance of goods considered to be urgent, such as perishable
goods, firearms, and ammunition.

3.11. Customs valuation procedures do not appear to have changed since the previous Review;
they are stipulated in Section 19 of the Customs Act, 1941 and paragraph 3 of the Schedule, and
are based on the WTO Customs Valuation Agreement. The Schedule specifies the rules of valuation
for imported goods including the methods and the manner in which they may be applied. According
to the authorities, some 81.7% in FY2017/18 and 66.3% in FY2022/23 of total declarations used
the transaction value method.11 This decline indicates continued discrepancies with the values
declared due to undervaluation and fraudulent invoices mainly related to imports of vehicles,
clothing, and shoes. Importers have the right to request a review of the valuation decision through
an appeal. Decisions related to the appeals may also be appealed to the Revenue Court. Several
valuation decisions were appealed over the review period.12

3.12. The JCA continues to collect a series of services fees and charges (Table 3.1). Most charges
are specific and are collected via ASYCUDA or JSWIFT. The Customs Administrative Fee (CAF) is a
fee imposed on, or in connection with, imports (exports) of goods and is an "approximate" cost of
the services rendered. According to the authorities, the CAF does not reflect the actual cost of the
services rendered, which they consider would be burdensome for the trader; the calculated cost is
subject to a reduction.

Table 3.1 Customs and other fees and charges, 2023


Type of fee Rate
Standard Compliance Fee (SCF)a 0.3% of c.i.f. value
Stamp Duty Postage stamp of JMD 5 for receipts with a c.i.f.
value of JMD 5,500 and less
Postage stamp of JMD 100 for receipts with a
c.i.f. value higher than JMD 5,500
Customs Administrative Fee (CAF) Approximate cost of the services rendered
Processing fees
Application to load/unload cargo at a sufferance wharf JMD 10,000
Application to amend report JMD 10,000
Bill of sight
Regular JMD 2,500
Pallets/skids/D-container JMD 5,000
Container JMD 25,000
Per motor vehicle JMD 2,500
Temporary importation (eSAD regime IMS) JMD 10,000
Remove goods from warehouse (IM4 Ex
Warehouse)
Duty-free operator JMD 2,500
Per vehicle JMD 5,000
Per bike JMD 2,000
All other cargo JMD 10,000
Transhipment-shipment shipping bill (eSAD regime TS8) JMD 1,000
Permit to export goods for subsequent
reimportation (eSAD regimes EX3 and IM6)
EX3 JMD 2,500
IM6 JMD 10,000
Import entry (eSAD regime IM4) JMD 10,000
Personal import (eSAD regime IMS4) JMD 2,500
Shipping bill for export (eSAD regime EX1) JMD 3,000 for exports over USD 500
Import licenceb JMD 5,500
Import licence amendmentb JMD 2,500

10
Jamaica Customs Agency, Authorised Economic Operator (AEO) Programme. Viewed at:
https://www.jacustoms.gov.jm/service/authorised-economic-operator-aeo-programme.
11
Information provided by the authorities.
12
Information provided by the authorities.
- 36 -

Type of fee Rate


Export licenceb JMD 2,000
Export licence amendmentb
Export certificationb JMD 1,000
Export certification amendmentb JMD 250

a Fee collected on behalf of the Bureau of Standards Jamaica (BSJ).


B Fee charged by the Trade Board Limited/Jamaica Trade Board (TBL) via JSWIFT.
Source: Information provided by the authorities; and TBL, List of Fees: The Trade Board Limited. Viewed at:
https://www.tradeboard.gov.jm/ttbl/fees.php.

3.1.2 Rules of origin

3.13. Jamaica does not apply non-preferential rules of origin.

3.14. During the period under review, Jamaica did not notify any new preferential rules of origin.

3.15. Preferential rules of origin apply to imports from the Caribbean Community (CARICOM) and
from trading partners with which Jamaica has preferential agreements, as part of CARICOM or the
Caribbean Forum (CARIFORUM). Since 2021, Jamaica has provisionally applied the Economic
Partnership Agreement with the United Kingdom (CARIFORUM-UK EPA) signed in 2019. The rules of
origin under the CARIFORUM-UK EPA are substantially the same as those under the CARIFORUM-EU
EPA, except for modifications to the cumulation rules and those regarding direct transport. Regarding
CARICOM, changes were made in 2023 to some specific rules for products such as stranded wire,
alloy steel wire, and some nails (Table 3.2).13

Table 3.2 Revised rules of origin CARICOM, 2023


HS Product description Original rule of origin New rule of
origin
ex73.12 Stranded wire, ropes, cables, plaited bands, slings, and Produced from regional ..
the like, of non-alloy steel, not electrically insulated materials of HS72.03 or
materials of HS72.04
ex73.14 Cloth (including endless bands), grill, netting, and Produced from regional ..
fencing, of non-alloy steel wire (excluding PVC coated materials of HS72.03 or
galvanized wire mesh) materials of HS72.04
ex73.17 Nails, tacks, and staples, of non-alloy steel, whether or Produced from regional ..
not with heads of other material, but excluding such materials of HS72.03 or
articles with heads of copper materials of HS72.04

.. Not available.
Source: Foreign Trade Information System of the OAS (SICE), Schedule II, List of Conditions to be Complied
with as Provided under Article 14 of the Annex to the Treaty and the Rules Regarding Common
Market Origin, 1 January 1998, CARICOM Secretariat. Viewed at:
http://www.sice.oas.org/trade/ccme/schIIe.asp.

3.1.3 Tariffs

3.1.3.1 Applied tariffs

3.16. Jamaica continues to apply the Common External Tariff (CET) for CARICOM and includes the
exceptions under Lists A and C.14 Jamaica's tariff schedule comprises 7,946 lines at the 10-digit level
of HS22 and all tariff rates are ad valorem. In addition to the tariff, an Additional Stamp Duty (ASD)
is levied on some imports.

3.17. The simple average applied MFN was 10.4% in 2023, unchanged since 2016. Average tariff
protection for agricultural products (WTO definition), which has not changed since 2016, remains
substantially higher at 20.8% than average protection for non-agricultural products, which was 8.1%
in 2023, showing a slight increase from 2016 when it stood at 7.9% (Table 3.3). Tariff rates ranged

Information provided by the Secretariat.


13

Lists A refers to items on which suspension of the CET for an indefinite period has been granted.
14

List C refers to items in respect of which minimum rates of duty have been agreed by the member States but
where member States have the freedom to apply higher rates (Revised Common External Tariff of the
Caribbean Community).
- 37 -

from 0% to 100% for agricultural products, and from 0% to 50% for non-agricultural products.
Products with relatively high average tariffs include dairy products (31.8%); beverages, spirits, and
tobacco (29.3%); and fruits, vegetables, and plants (26.9%) for agricultural products (WTO
definition); and fish and fishery products (31.0%) and clothing (19.8%) for non-agricultural products
(Table A3. 1).

Table 3.3 Structure of the MFN tariff, 2016 and 2023


2016 (HS12) 2023 (HS22)
Simple average (%) 10.4 10.4
HS 10-24 23.4 23.8
HS 25-97 6.7 6.7
Agricultural products (WTO definition) 20.8 20.8
Non-agricultural products (including petroleum, WTO definition) 7.9 8.1
Duty-free tariff lines (% of all tariff lines) 49.9 49.2
Total number of tariff lines 7,946
Ad valorem duty (> 0%) 3,590 4,034
Duty-free rates 3,569 3,912
Non-ad valorem duties 0 0
Lines subject to tariff quotas (% of all tariff lines) 0.0 0.0
Domestic tariff "peaks" (% of all tariff lines)a 10.3 10.4
International tariff "peaks" (% of all tariff lines)b 31.7 31.1
Nuisance applied rates (% of tariff lines)c 0.0 0.0
Bound tariff lines (% of all tariff lines) 100.0 100.0

a Domestic tariff peaks are defined as those exceeding three times the overall average applied rate.
b International tariff peaks are defined as those exceeding 15%.
c Nuisance rates are greater than 0% but inferior or equal to 2%.
Source: WTO Secretariat calculations, based on data provided by the authorities.

3.18. The tariff structure has 11 tiers as in 2016, with rates ranging from 0% to 100%. As in 2016,
the rates are 0%, 5%, 10%, 15%, 20%, 25%, 30%, 40%, 50%, 75%, and 100%. In general, there
have been no major changes in the tariff structure with the most common tariffs being 0%, 20%,
and 40%. The share of tariff lines attracting the most frequent rates (0% and 20%) showed a
decline, while the share subject to 40% increased slightly. The percentage of tariffs subject to 5%,
15%, 25%, and 30% remained unchanged, while those bearing a 10% rate increased from 4.1% in
2016 to 5.3% in 2023 (Chart 3.2). The highest rates of 50%, 75%, and 100% affect 0.5% (0.6% in
2016) of all tariff lines and apply to the same products. The rate of 50% applies to milk and cream
products (HS 0402) (6 tariff lines) and arms and ammunitions (HS 9302, 9303, 9305) (8 tariff lines);
75% to milk and cream products (HS 0401) (12 tariff lines); and 100% to meat and edible offal of
the poultry (HS 0207), tomatoes (HS 0702), cabbages (HS 0704), lettuce (HS 0705), and carrots
(HS 0706) (11 tariff lines).
- 38 -

Chart 3.2 Frequency distribution of MFN tariff rates, 2016 and 2023
(% of total number of tariff lines)
60

2016 tariff (HS12)


49.9 49.2
50
2023 tariff (HS22)

40

30

20.1
19.3
20

9.8 10.0
10 8.3 8.4
5.3 6.0 5.9
4.1

0.5 0.4 0.8 0.9 0.2 0.2 0.2 0.2 0.2 0.1
0
0% 5% 10% 15% 20% 25% 30% 40% 50% 75% 100%

Note: The total number of lines is 7,159 for the 2016 tariff, and 7,946 for the 2023 tariff.
Source: WTO Secretariat calculations, based on data provided by the authorities.

3.19. In 2023 there were 400 tariff lines at the 10-digit tariff level that were subject to an ASD,
levied on the c.i.f. value (Table 3.4). The ASD is payable mainly on agricultural products and some
aluminium products. The ASD rates are in most cases ad valorem ranging from 0% to 86% (15% to
90% in 2016); specific rates apply to 13 tariff lines, which include beverages, spirits, and vinegar
(more specifically beer, wine, liqueurs, and cordials). The highest stamp duty of 90% that applied
for certain vegetables (onions and red kidney beans) and oil seeds ground nuts (5 lines) was
eliminated in 2022 and these products are now subject to an ASD of 80%. In 2023, the lowest rate
of 0% applied to kiwi and certain window frames (4 lines) and the highest rate of 86% applied to
edible vegetables and certain roots and tubers (2 lines: shiitake (lentinus edodes)); 80% (28 lines)
for meat and edible vegetables (26 lines) and oil seeds and oleaginous fruits (2 lines); 77% (9 lines)
for meat and edible meat offal, preparations of vegetables, prepared or preserved tomatoes other
than by vinegar; and 70% (8 lines) for cereals, products of the milling industry, and flours and meal
of oil seeds or oleaginous fruits.

3.20. If ASDs are taken into account, the overall average border protection increases from 10.4%
to 12.2% (12.6% in 2016) (Table 3.4). The average protection for non-agricultural products
remained unchanged in 2023, at 8.1% (in 2016, it increased from 7.9% to 8%), while it increases
from 20.8% to 30.6% (20.8% to 32.3% in 2016) for agricultural products (WTO definition).

Table 3.4 Tariff lines subject to Additional Stamp Duty (ASD) by HS chapter, 2023
HS chapter Number of ASD range
tariff lines
02. Meat and edible meat offal 54 15% 80%
04. Dairy produce; birds' eggs; natural honey; edible products 11 15% 35%
07. Edible vegetables; certain roots and tubers 52 15% 86%
08. Edible fruit and nuts; peel of citrus fruit or melons 72 0% 61.74%
10. Cereals 19 15% 70%
11. Products of the milling industry 3 15% 70%
12. Oil seeds and oleaginous fruits 15 15% 80%
15. Animal or vegetable fats and oils 34 17.86% 65%
16. Preparations of meat, fish, or crustaceans 11 55% 61.74%
17. Sugars and sugar confectionery 2 33.33% 63%
20. Preparations of vegetables, fruit, nuts, parts of plants 41 32.86% 77.14%
21. Miscellaneous edible preparations 1 55% 55%
22. Beverages, spirits, and vinegar 54 34% 35%
23. Residues and waste from food industries 1 70% 70%
- 39 -

HS chapter Number of ASD range


tariff lines
24. Tobacco, manufactured tobacco substitutes 5 56% 56%
76. Aluminium and articles thereof 12 0% 25%
Total lines AV 387 0% 86%
22. Beverages, spirits, and vinegar 13 USD 0.6/litre USD 1.0/litre
Total AV + NAV 400

Source: WTO Secretariat calculations, based on data provided by the authorities.

3.21. Jamaica does not use tariff quotas.

3.1.3.2 Bound tariffs

3.22. Jamaica bound 100% of its tariff lines with rates ranging from 0% to 100%. Bound tariffs are
ad valorem for all but two tariff lines (Table 3.5). At the time of the last Review, applied MFN tariff
rates exceeded bound tariff levels for 32 tariff lines; currently, this is not the case. In 2023, a
comparison of comparable tariff lines does not seem to show any MFN applied rates that are greater
than the bound rates. For two comparable tariff lines, the comparison cannot be done because the
applied tariff is ad valorem while the bound is non-ad valorem.

Table 3.5 Tariff lines bound at non-ad valorem duty, 2023


HS code MFN tariff Description MFN duty (%) ASD (%) Bound duty
1515110000 Linseed crude oil 5 57.14 USD 0.30/100 lb.
Other fixed vegetable
1515190000 40 17.86 USD 0.30/100 lb.
or microbial oils

Source: WTO Secretariat based on data provided by the Jamaican authorities.

3.23. At the time of the Uruguay Round, Jamaica bound other duties and charges at a general rate
of 15% that applies to most tariff lines (agriculture and non-agriculture). Other lines were bound at
2.5% (for chemical defined compound of mercury (HS 2852.10)), at 80% (for specific agricultural
products, aluminium bars and profiles (HS 7604), corrugated sheets (HS 7606), slugs for toothpaste
(HS 7608)), and 200% (for sugars containing added flavouring or colouring matter (HS 1701.91)
and other sugars (HS 1701.99)).15 According to the authorities, the ASD rates were reduced to align
them with the bound rates. Despite this reduction, some lines still bear ASD rates above the bound
rates (Table A3. 2).

3.1.3.3 Preferential tariffs

3.24. Jamaica gives preferential treatment to imports from partners with which it has preferential
agreements. Imports from CARICOM enter duty-free. Tariff preferences are also granted to imports
from Costa Rica, Cuba, the Dominican Republic, the European Union, and the United Kingdom. In
the context of this Review, data on the preferential tariff were only available for the agreements
with Costa Rica, Cuba, and the Dominican Republic, for which coverage is below 50% of the tariff
universe, and in the case of Cuba covers below 10% (Table 3.6). The average preferential tariff
under the agreements negotiated by Jamaica with Costa Rica and the Dominican Republic (3.4%
and 2.5%, respectively) is much lower than the average MFN tariff. In general, preferential average
tariffs vary between 2.5% and 8.5%, and are lower for non-agricultural products, and substantially
higher for agricultural products, ranging from 6.7% to 17.5%.

15
Nomenclature HS17 and WTO, Consolidated Tariff Schedule Database.
- 40 -

Table 3.6 Analysis of certain preferential tariffs, 2023


Tariff lines Share of Total Agricultural Non-agricultural
with tariff with products products
preferential preference (including
ratea (No.) (%) petroleum)
Average Duty- Average Duty- Average Duty-
(%) free (%) free (%) free
lines lines lines
(%) (%) (%)
MFN n.a. n.a. 10.4 49.2 20.8 26.4 8.1 54.3
Costa Rica 3,150 39.6 3.4 88.9 10.7 67.7 1.7 93.6
Cuba 774 9.7 8.5 58.8 17.5 38.7 6.5 63.3
Dominican Republic 3,391 42.7 2.5 91.9 6.7 82.9 1.6 93.9

n.a. Not applicable.


a Tariff lines where the preferential rate is lower than the MFN rate.
Source: WTO Secretariat calculations, based on data provided by the authorities.

3.1.3.4 Tariff concessions

3.25. According to the Customs Act, 1941, the House of Representatives or the Minister may issue
a resolution or an interim order to revoke or reduce any customs duties (Articles 5 and 6). This
prerogative was used during the COVID 19 pandemic when some items were exempted from
customs duties.16

3.26. Jamaica continues to grant tariff concessions, usually for inputs to be used in specific
industries, under different incentive schemes, e.g. the Omnibus Incentive Regime; the Bauxite and
Alumina Industries (Encouragement) Act, 1950; the Petroleum Act, 1979; and the Special Economic
Zone (SEZ) Act, 2015. In addition, goods imported for temporary use and that are exported within
six months are exempt from duties (Article 35 of Customs Act); importers must deposit a guarantee,
equivalent to the amount of the duty, with the JCA, in case goods are not exported within the
required timeframe. Import duties account for the second-largest proportion of revenue forgone at
the border (Table 3.7).

Table 3.7 Duties and other charges collected at the border and revenue forgone,
2017-23
(JMD million and %)
2017 2018 2019 2020 2021 2022 2023
Total revenue 184,152 194,094 210,703 182,242 223,034 277,549 245,654
(% of total revenue)
Import duty 20.3 21.1 21.2 22.1 21.4 21.8 21.4
GCT 41.7 43.4 43.4 42.9 42.3 41.4 42.1
SCT 7.3 7.0 7.2 6.4 7.8 9.0 8.3
Other charges 30.7 28.4 28.3 28.5 28.4 27.8 28.2
Total revenue forgone 117,847 144,004 138,451 111,673 144,786 184,506 158,232
(% of total revenue forgone)
Import duty 25.0 23.8 23.2 24.2 24.6 25.9 28.0
GCT 57.2 59.1 60.0 59.0 56.2 55.0 52.2
SCT 1.4 1.6 1.4 1.0 1.3 1.0 1.2
Other charges 16.4 15.5 15.4 15.8 17.9 18.1 18.6

Source: Data provided by the authorities.

3.1.4 Other charges affecting imports

3.27. Jamaica continues to apply the General Consumption Tax (GCT) and the Special Consumption
Tax (SCT) on imported and domestically produced goods with some exceptions.

3.28. People engaged in taxable activities are required to register for GCT if they register a turnover
of JMD 10 million or more. In general, the GCT is paid on locally produced and imported goods and

16
Between 19 March 2020 and 31 December 2020, liquid hand soaps (HS 3401.30.00); hand sanitizers
and disinfectants (HS 3808.94.10.90, 3808.94.90); gloves (HS 3926.20.00, HS 4015.19.00, HS 6116.10.00,
and HS 6216.00.90); and face masks (HS 4818.50.00, HS 6307.90.90, and HS 9019.20.00) were imported
exempt from customs duties.
- 41 -

services.17 The taxable base for the GCT on imported goods is the c.i.f. value, inclusive of other fees
and charges. In the case of raw foodstuff, the GCT is applied to the imports of the specified raw
foodstuff, except from CARICOM. However, the sale of the raw foodstuff in Jamaica, whether locally
produced or imported, is exempt from the GCT. Most items attract only the GCT, while some attract
both the GCT and the SCT. The SCT is levied on a few items, namely ethanol and alcoholic beverages,
tobacco products, motor vehicles, and petroleum products.

3.29. The GCT is ad valorem, and the general rate was reduced in 2020, from 16.5% to 15%; other
rates are 0% (goods listed in Part II of the First Schedule of the General Consumption Tax Act
(GCT Act))18; 2% (books and other printed material); 10% (tourism); and 25% (telephone
instruments and services). The Third Schedule of the GCT Act lists the goods and services that are
exempt.19 In addition, items that are exempt from customs duty pursuant to the Bauxite and Alumina
Industries (Encouragement) Act are also exempt from the GCT and the SCT. Goods imported for
temporary use, which are re-exported after they are used, are not subject to taxation either.

3.30. The GCT on motor vehicles is specific and varies according to the engine capacity. In some
instances, motor vehicles carry a zero-rated GCT, if they do not exceed a specific value and are
imported by a specific type of person for a specific use. Electric vehicles are zero-rated.

3.31. Commercial importers (i.e. all importers except those that import for own consumption or
own use), in addition to the general GCT tax rate, are levied a 5% Advanced GCT Payment. This
payment does not apply to imports of goods that are exempt from customs duties or the GCT.

3.32. In addition to the GCT, some items are also subject to the SCT. These are certain petroleum
products, ethanol, alcoholic drinks, tobacco, and motor vehicles. The SCT is specific, ad valorem, or
mixed. Ethanol and petroleum products (including kerosene, marine diesel, and automotive diesel
oil; and manufactured propane and butane in liquid form) are subject to a specific tax per litre plus
an ad valorem component that is calculated differently depending on whether the product is locally
manufactured or imported. Alcoholic beverages are subject to specific rates that vary according to
the type of beverage and the alcohol content. Tobacco products and electronic cigarettes are also
subject to a specific rate either per gram of tobacco, per stick/unit, or per ml.

3.33. The rate of the SCT on energy-efficient vehicles is ad valorem and may vary if vehicles are
imported by dealers or individuals. Rates also vary according to the type of fuel used (gas or
electricity), and the vehicle's weight and engine capacity. The rates range from 0% to 30%. Hybrid
and electric vehicles attract a 0% SCT.

3.34. As in the case of the GCT, some items are exempt from the SCT depending on their end use,
such as diesel oil if used by companies licensed to generate electricity for public use.20

3.35. The Environmental Protection Levy, which remains at a rate of 0.5% of the c.i.f. value of
imports, is still in place. The Levy also applies to the sale of all manufactured goods that are locally
produced.

3.1.5 Import prohibitions, restrictions, and licensing

3.36. Banned products are listed in the Trade Act, 1955 (Article 8) and the Customs Act, 1941;
however, import prohibitions are also stipulated under other acts (Box 3.1). Prohibitions, restrictions,
or licences may be imposed to safeguard the health and safety of humans and animals, the
environment, and national security, or to comply with international conventions. In addition, under

17
In the case of imports, the GCT is payable on all goods with a value exceeding USD 50 (or
equivalent).
18
Zero-rated items include specific inputs used for agriculture and fisheries; goods (excluding motor
vehicles, other than ambulances) used by charitable organizations and hospitals, diplomatic and international
organizations, and places of worship; imported printed matter (excluding newspapers) under HS 49.01 to
49.05 used for religious purposes; and food produced exclusively for school feeding programmes.
19
Exempted items from the GCT include equipment and material used to supply electricity to residential
customers for private and domestic use; a range of basic food items and raw foodstuff if locally produced or
imported from CARICOM; prescription drugs; certain medical supplies; and certain construction, transportation,
and financial and insurance services.
20
For further details, refer to Articles 14 and 15 of the General Consumption Tax Act.
- 42 -

the Customs Act, the Minister may impose absolute import (export) prohibitions or impose import
(export) restrictions for a specific period of time from (to) a particular origin (Articles 37 and 39-42)
(Box 3.1). The Minister is not allowed to impose any such measures for goods that are regulated by
the following Acts: the Sugar Industry Control Act, the Agricultural Produce Act, the Agricultural
Marketing Act, the Coconut Industry Control Act, the Coffee Industry Regulation Act, the Cocoa
Industry Board Act, and the Banana Board Act.

Box 3.1 Import prohibitions and restrictions, 2023

Prohibited articles
Counterfeit goods
Clocks and watches or other articles of metal, falsely representing any legal Commonwealth assay, mark, or
stamp, or purporting to be made in the Commonwealth (Customs Act, 1941)
Coins (base or counterfeit) of any countrya
Coins, silver, or money not of the established standard in weight and fineness (Customs Act, 1941)
Obscene and indecent printed matter, films, and other articles (JAC)
Specific publications relating to divination, magic, cultism or supernatural (JAC)
Rum colouring solutions or extracts (Customs Act, 1941)
Stamps-fictitious stamps, and any die, plate, instrument, or material to make stamps (Customs Act, 1941)
Tablets containing the combination of methaqualone and diphenhydramine hydrochloride (Information
provided by the authorities, 2023)
Drugs opium and other dangerous drugs (Customs Act, 1941)
Dogs for racing (Information provided by the authorities, 2023)
Dog racing equipment (Information provided by the authorities, 2023)
Agricultural implements and plants, bulbs, seeds, cuttings, etc. prohibited under the Plant Quarantine Act
(Customs Act, 1941)
All goods prohibited under the Anthrax Prevention Act, 1919 (United Kingdom) (Customs Act, 1941)
All goods that if sold would be liable to forfeiture under the Merchandise Marks Act (Customs Act, 1941)
Goods covered by the Basel Convention on Hazardous Wastes (Trade Policy Review (TPR) 2017)
Substances included in the Montreal Protocol on Protection of the Ozone Layer (TPR 2017)
Endangered species according to the CITES Convention (TPR 2017)
Restricted articles
Honey and by-products thereof (Ministry of Agriculture, Fisheries and Mining (MAFM))
Pork and pork products (excluding in hermetically sealed cans/tins) (MAFM)
Beef, beef products, and by-products (MAFM)
Animals and their carcasses prohibited under the Animals (Diseases and Importation) Act

Source: Customs Act, 1941, as amended; JAC, Prohibited Items. Viewed at:
https://www.jacustoms.gov.jm/service/prohibited-items; MAFM, Non-Commercial/Personal Imports
of Animal, Animal Products and Animal Related Products through the Airport, Seaport and Courier
Services. Viewed at: https://moa.gov.jm/content/non-commercialpersonal-imports-animal-animal-
products-and-animal-related-products-through-1#:~:text=Proof%20of%20country%20of%20origin,
time%20as%20disease%20situations%20change.&text=The%20importation%20of%20honey%20a
nd%20by%2Dproducts%20thereof%20is%20strictly%20prohibited; and information provided by the
authorities.

3.37. The import licensing regime is regulated by the Trade Act, 1955 and the Customs Act, 1941.
During the period under review, Jamaica's import licensing regime does not seem to have been
modified21, however, Jamaica periodically reviews the list of items requiring import licences/permits,
to remove items where justifiable.22 The system continues to apply to goods from all origins/trading
partners and is not intended to restrict the quantity or value of imports; it is an administrative
mechanism intended to monitor imports that that may have a negative impact on the environment,
and on Jamaica's social or economic conditions. A licence may be revoked on grounds of public
interest.23

3.38. The list of products subject to licensing has not changed substantially since the last Review.
It seems that the only changes relate to other plant parts for perfume and pharmaceutical
purposes (e.g. cannabis and coca leaf (HS 1211.90.90); cannabis resin (HS 1301.90.90); sulphuric
acid for chemical analysis (HS 2807.00.10); and vegetable saps and extracts (HS1302.10)) and
gambling games (HS 9504.30.00), which do not require a licence issued by the Trade Board
Limited/Jamaica Trade Board (TBL) anymore, but continue to require a drug permit from the Ministry
of Health and Wellness, and an approval from the Betting, Gaming, and Lotteries Commission,
respectively. Most products are subject to automatic import licences, except for those that require

21
WTO documents G/LIC/N/3/JAM/5, 1 April 2016; and G/LIC/N/3/JAM/6, 2 October 2023.
22
WTO documents G/LIC/N/3/JAM/5, 1 April 2016; G/LIC/N/3/JAM/4, 7 October 2014;
G/LIC/N/2/JAM/2, 4 October 2011; and G/LIC/N/3/JAM/3, 3 September 2008.
23
Trade Act, Article 11(d).
- 43 -

permits/certificates from different regulatory agencies. Most licences are issued by the TBL, which,
in certain cases, is assisted by other line ministries or agencies.24 Import licences are granted for a
fee (Table 3.1).

3.39. Jamaica only maintains quantitative restrictions on imports or exports to comply with its
obligations under multilateral agreements; for instance, the Multilateral Environmental Agreements
(Montreal Protocol) as they relate to the importation of chlorofluorocarbons (CFCs) ended.25 In
addition, no quantitative restrictions on imports or exports currently exist under the portfolio
responsibilities of the TBL.26

3.1.6 Anti-dumping, countervailing, and safeguard measures

3.40. There have been no major changes regarding the legislative and institutional framework
related to contingency trade measures during the period under review. According to the authorities,
reforms to the institutional and legal framework governing the current regime are ongoing; there is
a proposal to repeal and replace the existing legislation. 27

3.41. The Anti-Dumping and Subsidies Commission (ADSC), under the Ministry of Industry,
Investment and Commerce (MIIC), continues to be the regulatory authority regarding trade
remedies. The ADSC undertakes investigations of unfair trade practices and the determination of
remedies to defend the domestic industry. The legal framework, which comprises the Customs Duties
(Dumping and Subsidies) Act, 1999; the Customs Duties (Dumping and Subsidies) (Determination
of Fair Market Price, Material Injury and Margin of Dumping) Regulations, 2000; the Safeguard Act,
2001; and the Safeguard Regulations, 2003, does not appear to have been amended during the
review period. According to the authorities, there is a proposed repeal of the Customs Duties
(Dumping and Subsidies) Act, 1999. During the 2017-23 period, Jamaica did not initiate any anti-
dumping28 or countervailing investigations29, nor any safeguard investigations.

3.42. In Jamaica, investigations related to trade remedies may be carried out on the ADSC's own
initiative or on receipt of a written complaint by, or on behalf of, the domestic industry. The
Commission, upon receipt of the written complaint regarding the dumping or subsidizing of goods,
starts an investigation if (i) the complaint is properly documented; (ii) there is evidence of dumping,
subsidization, or a surge in imports (in the case of safeguards); and (iii) there is evidence that the
imported goods have caused, are causing, or are likely to cause material injury or serious injury. If
the Commission has the intention to or initiates an investigation, it must inform the complainant or,
in the case of subsidized goods, the trading partner where exports originate.30 If the Commission
decides not to initiate an investigation, it also needs to inform the interested parties, giving the
reasons.

3.43. Definitive duties (or quotas in the case of safeguards) are imposed before the release of
goods, if the Commission finds that the dumped or subsidized goods or a surge in imports (in the
case of safeguards) has caused, is causing or is likely to cause material injury or serious injury. It is
necessary to provide information on import trends and how that relates to the volume and prices of
the dumped or subsidized or volume surges. Factors that are used to show injury include market
size, production capacity, production, domestic sales, export sales, and end-of-period inventories of
the like product for the three most recent 12-month periods for which data are available. An
anti-dumping duty should be equal to the margin of dumping, or of a lesser amount as may be
considered adequate to remove the injury, while the countervailing duty should be equal to the
amount of the subsidy. Provisional duties may be imposed if the ADSC makes a preliminary

24
For a full list of the licences, see WTO document G/LIC/N/3/JAM/6, 29 November 2023.
25
WTO documents G/LIC/N/3/JAM/3, 3 September 2008; and G/LIC/N/3/JAM/1/Add.2,
23 September 2002.
26
WTO documents G/LIC/N/3/JAM/4, 7 October 2014; G/LIC/N/3/JAM/3, 3 September 2008; and
G/LIC/N/3/JAM/1/Add.1, 21 March 2000.
27
This section is based on information from the Anti-Dumping and Subsidies Commission. Viewed at:
https://jadsc.gov.jm/resources/; and https://jadsc.gov.jm/wp-content/uploads/2021/04/Trade-Remedies-
Guide.pdf.
28
WTO document G/ADP/N/391/Add.1, 11 April 2024.
29
WTO document G/SCM/N/407/Add.1, 11 April 2024.
30
A full investigation involves a critical evaluation of the evidence in the application and extensive
gathering and analysis of industry and trade data to establish whether dumping, subsidization, or surge of
imports (in the case of safeguards) is causing injury to a complaining local industry.
- 44 -

determination. The legislation also allows for a price undertaking after a preliminary determination
is made. Any price increases resulting from undertakings cannot exceed the margin of dumping or
the amount of the subsidy. Following acceptance of an undertaking, the investigation may be
completed if the Commission or the exporter wants. Where there is a final determination of dumping
or subsidization, a definitive duty may be applied for a maximum of five years, unless the duties
have been reviewed within that period.

3.44. In the case of a safeguard investigation, a provisional measure may take the form of a tariff
increase while a definitive safeguard measure may take the form of an increase in the tariff or of a
quota. As in the case of anti-dumping and subsidization, a definitive safeguard measure may be no
more than is necessary to prevent or remedy serious injury and to facilitate the structural adjustment
on the part of the domestic industry adversely affected by increased imports. Definitive safeguard
measures are applied for a maximum of four years (including the period of application of the
provisional safeguard measure), provided that no extension is applied for and granted during the
period.31

3.45. Decisions on whether to impose a remedy and the nature and extent of any remedy is made
by the Minister in charge of this portfolio, and in all cases, that decision is published in the Gazette
and in a local daily newspaper.

3.2 Measures directly affecting exports

3.2.1 Customs procedures and requirements

3.46. Registration with Jamaica Trade & Invest (formerly JAMPRO) is required for individuals or
entities exporting goods on a commercial basis or to trade. Exporters do not need to register to
export, inter alia, personal effects or goods of non-commercial value; goods imported for temporary
use and are subsequently re-exported; goods exported for subsequent reimportation; and goods on
which duty was paid and subsequently re-exported.

3.47. As is the case with imports, exports are cleared using the ASYCUDA System. A detailed
customs declaration (eSAD) is submitted electronically, indicating the appropriate regime (export,
temporary export, or re-export), accompanied by the required supporting documents
(i.e. certificates of origin, permits, or licences) for products covered by regulatory agencies. Once
submitted, the declaration may be amended/corrected electronically in case of error. For
transparency purposes, the JCA allows traders to track and trace shipments and customs
declarations throughout the entire clearance process.

3.48. The ASYCUDA selectivity engine provides Customs with the necessary tools to assess risk,
determining the appropriate level of intervention and scrutiny required for each shipment. Exports
are released according to risk, through the green, yellow, or red channels. Exporters may be certified
as AEOs; in this instance Customs will perform fewer inspections, if any.

3.49. Up to 2021, all export declarations filed with the JCA attracted a Customs Administrative Fee
(CAF) of JMD 3,000 (Table 3.1). As of 1 April 2021, the CAF has not been levied on exports valued
at less than USD 500.

3.2.2 Taxes, charges, and levies

3.50. In general, Jamaica applies no taxes or levies on exports, except for the export levy on conch
(HS 0508.00). The General Consumption Tax (GCT) rate for exports of goods and services is zero,
and exports are exempt from the Special Consumption Tax (SCT).

3.51. Under the Conch (Export Levy) (Special Provision) Act, 2015, which is still in force, exporters
pay USD 0.50 per pound of conch. The payment must be completed within three months of the
completion of the export. It is used, partly, to finance programmes to monitor, control, and survey

31
Section 28(1) and 28(2) of the Safeguard Act, 2001 provide for a maximum period of application of
4 years and an extension of not more than 10 years.
- 45 -

Jamaica's conch resources.32 The proceeds from the levy finance the Fisheries Management and
Development Fund are aimed to help the sustainable management and development of the fisheries
sector and the reduction of illegal, unreported, and unregulated (IUU) fishing.

3.2.3 Export prohibitions, restrictions, and licensing

3.52. Export prohibitions continue to be maintained for health and safety; national security; and
moral, environmental, and cultural heritage considerations, or to comply with international
conventions, such as CITES and the Montreal Protocol. The Trade Act, 1955 allows for the imposition
of absolute export prohibition or of export requirements.33 In addition, under the Customs Act, 1941,
the Minister in charge of the portfolio may prohibit exports or impose restrictions for a specific period
of time to a particular destination (Articles 37 and 39-42). The authority in charge of issuing export
licences is in most cases the TBL, while export permits are issued by line ministries. However, the
authorities note that there is no specific distinction between an export permit and an export licence;
the term "export permit" is used to describe the approval document provided. Export licences are
granted at a fee (Table 3.1 and Table A3. 3). During the period under review, some export licences
were removed.

3.53. Jamaica maintains an export quota for conch (HS 0508.00) under the Endangered Species
(Protection, Conservation and Regulation of Trade) Act, as well as an export health certificate and
an export licence to manage the allocation of the quota that is in place during the conch season as
published in the Gazette (Conch (Export Levy) (Special Provision) Act of 2015, Section 3A).34
Jamaica does not seem to maintain any other export quotas or quantitative restrictions.

3.54. The exploitation of conch, especially Queen Conch, is regulated due to heavy poaching and
IUU fisheries. During 2019 and 2020, exploitation was forbidden and in 2021 Jamaica "reopened
and put in place strict no-harvesting zones, and a quota of 300 metric tonnes was established. Of
which, 30 metric tonnes are for the local trade, and the rest (270 metric tonnes) were allocated to
industrial queen conch fisheries for exports".35 In the context of this Review, the authorities note
that this is in keeping with sound fishery management principles. Trade data provided by the
authorities indicate that, since 2018, Jamaica has not exported conch (HS 0508.00), and the value
of conch exports in 2016 and 2017 was insignificant.

3.2.4 Export support and promotion

3.55. During the period under review, Jamaica made one notification to the WTO indicating that it
provided no export subsidies in the agricultural sector during FY2016/17.36

3.2.5 Export finance, insurance, and guarantees

3.56. The National Export-Import Bank of Jamaica (EXIM Bank), established in 1986, continues to
provide a range of trade financing instruments at competitive interest rates for different sectors,
including service providers to exporters.37 The Bank has a specific focus on SMEs involved in non-
traditional exports.38

32
Jamaica Information Service (JIS) (2021), "US$0.50 per Pound Levy on Exported Conch", 23 May.
Viewed at: https://jis.gov.jm/us0-50-per-pound-levy-on-exported-conch/.
33
Trade Act, Article 8.
34
The Endangered Species (Protection, Conservation and Regulation of Trade) Act, 2000 has different
schedules indicating which species may be affected by trade (First Schedule); those that need to be effectively
controlled, so that they do not become extinct (Second Schedule); those that are controlled by trading
partners to prevent over-exploitation (Third Schedule); and those that are controlled in Jamaica to prevent or
restrict exploitation for which cooperation with trading partners is required (Fourth Schedule).
35
Jamaica Information Service (2021), "S$0.50 per Pound Levy on Exported Conch", 23 May.
Viewed at: https://jis.gov.jm/us0-50-per-pound-levy-on-exported-conch/.
36
WTO document G/AG/N/JAM/15, 6 July 2017.
37
These include farmers who provide fresh produce to agro processors; professionals such as haulage
contractors; mechanical and electrical engineers who support the bauxite industry; tourism linkage companies
such as operators of attractions, in-bond merchants, and persons providing ground transportation services;
and companies in the service industry.
38
Trade Finance Global, The National Export-Import Bank of Jamaica (EXIM Bank) | Export Credit
Agency (ECA) in Jamaica. Viewed at: https://www.tradefinanceglobal.com/export-finance/export-credit-
agencies-eca/national-export-import-bank-of-jamaica-jamaica-eca/.
- 46 -

3.57. The products and services offered by EXIM Bank include trade credit insurance, export credit,
and loans with different lines to finance, inter alia, preshipment costs, working capital, purchase of
capital goods, and upgrading of export facilities. In addition to general export credit lines, the Bank
has credit lines to promote specific exports (e.g. fresh produce, processed food, and meat) or the
use of certain technologies (e.g. credit is also available for companies linked to the export sector
that produce clean energy).39

3.58. EXIM Bank also has a Business Advisory Services Unit (BASU), established to provide general
and industry-specific information relevant to operating a business in Jamaica with an emphasis on
the export sector. The Unit's objective is to promote formalization among Jamaica's SMEs through
transfer of knowledge.40

3.59. The EXIM Bank continues to provide trade credit insurance to protect exporters against non-
payment of receivables by local and foreign buyers; it covers commercial and political risks.
Coverage ranges from up to 85%-90% and is available to all entities registered in Jamaica as
approved financial intermediaries.41 The value of exports covered by this type of insurance increased
from JMD 962.26 million in 2018 to JMD 1,328.57 million in 2022.42

3.3 Measures affecting production and trade

3.3.1 Incentives

3.60. Jamaica continues to provide incentives under the Omnibus Incentive Regime, other
incentives schemes, and the "Legacy Acts" (Section 2.4).

3.3.1.1 Special Economic Zone (SEZ) regime

3.61. Jamaica's last notification under Article XVI:1 of GATT 1994 and Article 25 of the Agreement
on Subsidies and Countervailing Measures was submitted in 2016; thereafter Jamaica did not notify
its subsidy programmes to the WTO.43 At that point in time Jamaica notified four programmes, of
which three were repealed and one, the free trade zone (FTZ) regime, was amended.44 As a result,
the Jamaica Export Free Zones Act, 1982, that regulated the FTZ regime was repealed and replaced
by the Special Economic Zone (SEZ) Act, 2015, which entered into force in 2016. According to the
authorities, export-related incentives were repealed in accordance with Jamaica's WTO obligations.
However, they noted that the subsidies granted to the FTZ companies (entities) were grandfathered
for four years (i.e. up to 2020) if they chose so.

3.62. The Jamaica Special Economic Zone Authority (JSEZA) oversees the SEZ regime, and all SEZ
activities are governed by the Special Economic Zones Act, 2015 and the Special Economic Zones
Regulations, 2017 as well as guidelines issued by JSEZA. Additionally, the legislation that governs
other government entities, particularly the JCA, are applicable in the SEZs.

3.63. The SEZ regime has not undergone substantial changes since its inception in 2016. The
objectives of SEZs are to attract investment and new economic activities to Jamaica, generate
employment, link Jamaican domestic suppliers to global supply chains, and create other synergies
with the rest of the economy. These aims are to be attained by providing fiscal incentives, which
remained unchanged during the review period. These entities include developers, occupants, and
zone users. The JSEZA regulates, supervises, and promotes the SEZs.45 In general, SEZs are
designated geographical areas in which specific economic activities may be undertaken; however, if

39
National Export-Import Bank of Jamaica Ltd. (EXIM Bank), EXIM Bank: Financing Your Business
Needs. Viewed at: https://dobusinessjamaica.com/wp-content/uploads/Resources/EXIM%20-
%20JAMPRO,%20Step%20by%20Step%20Guide%20to%20Exporting.pdf.
40
EXIM Bank, EXIM Bank Financing Your Business Needs.
41
EXIM Bank, EXIM Bank Financing Your Business Needs.
42
This was the period for which data were available.
43
WTO documents G/SCM/N/284/JAM, G/SCM/N/290/JAM, 14 January 2016; and G/SCM/N/299/JAM,
23 August 2016.
44
The Export Industry Encouragement Act, the Industrial Incentives (Factory Construction) Act, and the
Foreign Sales Corporation Act that provided for export subsidies were repealed by the Fiscal Incentives Act
(FIA), 2013.
45
JSEZA. Viewed at: https://www.jseza.com/.
- 47 -

it is in the public interest, a single entity zone may be allowed by the Minister responsible for SEZs,
which currently is the MIIC.46

3.64. In 2017 and 2020, the SEZ Act was amended to change the definition of the Minister in charge
and to clarify the appointment of ex officio board members, under the responsibility of the MIIC.47
The Act was also amended to introduce an economic substance requirement and prohibit the
undertaking of IP income-generation activities for entities established in the SEZ; entities already
established were granted a transition period (up to 31 March 2023) to comply with these
requirements. According to the authorities, these changes were introduced to align the regime with
international guidelines and help mitigate base erosion and profit shifting (BEPS).48 As a result,
applicants must demonstrate to the JSEZA that the activities undertaken within the SEZ are their
core income-generating activities, an adequate number of qualified employees are required, and
they generate operating expenses that are adequate in relation to the size and nature of the
operation.49

3.65. The SEZ regime continues to provide a range of fiscal incentives such as reduced corporate
income tax (CIT) rate of 12.5%; tax credit; exemption of the General Consumption Tax (GCT) on
locally purchased goods and services entering the SEZ; no customs duties on imported items; stamp
duty relief; property tax relief (this is only for zones owned by the JSEZA, of which there are currently
none); transfer tax exemption; asset tax exemption; and a 0% CIT on the developer's income. There
is no minimum threshold export requirement but there is a minimum investment requirement for
developers (USD 1.5 million) and for occupants/zone users (a minimum of USD 50,000 within the
first year of operation). The capital and investment requirements may be waived for MSMEs if they
invest at least USD 25,000 in an SEZ.50

3.66. A developer or occupant cannot engage in list of activities that are prohibited from taking
place in the SEZ. Since the last Review, the list of excluded activities remained basically
unchanged51, except for the inclusion of activities related to IP.52

3.67. As at 2022, 128 companies operated within the SEZ.53 Some of the FTZ companies have
transitioned into the SEZ regime.54 Companies established in the SEZ are mainly engaged in
commerce, administrative and support services, transport and storage, and manufacturing. The total
number of employees reached 85,550 in 2022, of which 69% were women. Exports of goods and

46
Special Economic Zones Regulations, 2017, Section 17(1).
47
Special Economic Zones (Amendment) Act, 2017; and Special Economic Zones (Amendment) Act,
2020.
48
BEPS "refers to tax planning strategies that exploit gaps and mismatches in tax rules to make profits
'disappear' for tax purposes or to shift profits to locations where there is little or no real activity but the taxes
are low, resulting in little or no overall corporate tax being paid". OECD, Frequently Asked Questions: What Is
BEPS?. Viewed at: https://www.oecd.org/tax/beps/faq/.
49
JIS (2023), "Amendments to SEZ Act to Benefit Local and International Stakeholders", 28 March.
Viewed at: https://jis.gov.jm/features/amendments-to-sez-act-to-benefit-local-and-international-
stakeholders/.
50
Micro enterprises may have a maximum of three employees and a turnover of a maximum of
USD 10,000; small enterprises have 4-10 employees and a turnover of USD 10,000-USD 40,000; and medium
enterprises have 11-50 employees and a turnover of USD 40,000 USD 150,000.
51
These activities include (i) extractive industries such as mining and quarrying; (ii) tourism services;
(iii) telecommunication services; (iv) public utilities; (v) financial services regulated by the BoJ or the Financial
Services Commission; (vi) construction services; (vii) real estate; (viii) health services excluding R&D;
(ix) catering services; and (x) retail services.
52
Section 41 of the Act as amended. IP activities are defined in the Act as "any activities relating to the
right to use, any copyright of literary, artistic or scientific work, including cinematograph films, and films or
tapes for radio or television broadcasting, or any patent, trademark, design or model, plan or secret formula or
process, for the use of or the right to use industrial, commercial or scientific equipment or for information
concerning industrial, commercial or scientific experience".
53
Entities include developers (builders and operators of the space); occupants (tenants of developers
that carry out commercial activity); single-entity (builders and operators of their own space to carry out
commercial activity); and zone user (performs services and activities within the zone).
54
According to Section 55 of the Act, benefits under the Jamaica Export Free Zones Act were available
until 31 December 2019 and the transition period was extended until December 2021. Information provided by
the authorities.
- 48 -

services originating in the SEZ increased from 0.24% in 2017 to 2.31% in 2020 (latest data
available).55

3.68. Jamaica does not have full set of data regarding the performance of the SEZ (i.e. number of
users in the SEZ, output, exports, etc.) for the review period because of the change of regime and
the associated transition period. The SEZ Act established a four-year transition period where entities
were allowed to transition from FTZ to SEZ, which ended on 31 December 2020. Therefore, during
this transition period it would be difficult to ascertain which are FTZ entities or SEZ entities, creating
a challenge in collecting data and resulting in data gaps. In addition, although the JSEZA was
established in 2016, its self-reporting mechanism was not established until May 2021. Export data
collected by the JSEZA include both goods and services. Data on investors are not gathered by
gender.56

3.3.1.2 Credit facilities

3.69. Jamaica has two state-owned development banks specialized in providing financing at
preferential rates and/or more favourable terms: the Development Bank of Jamaica (DBJ) and the
EXIM Bank. These two banks provide loans either directly or through Approved Financial Institutions
(AFIs); the DBJ's loans may also be channelled through micro finance institutions (MFIs). During the
period under review, microfinancing was also provided by two other public institutions: the Self-
Start Fund (SSF), which was closed in 2017; and the Micro Investment Development Agency (MIDA),
which is being reorganized under Jamaica's public sector rationalization programme.57

3.70. In principle, the DBJ and the EXIM Bank offer financing to all sectors and enterprises.
However, they have loans that target specific sectors, such as agriculture and tourism, and given
the preferential conditions that they offer MSMEs58 have become their main clients.59 In 2023,
MSMEs contributed 44% to Jamaica's GDP, accounting for 13.4% of government tax revenue, and
employed 34% of the labour force.60

3.71. Since Jamaica's previous Review, the DBJ and EXIM Bank have introduced new loans to assist
the agriculture sector, finance online sales, and help MSMEs "reset" in the aftermath of the pandemic
(Box 3.2). To be eligible for these new loans, SMEs must meet export or revenue criteria. For
instance, under the "Reset" Loan, 20% of the SME's total revenue must be generated from exports,
and under the Small and Medium Tourism Enterprises (SMTE) Special Project, 25% of the SME's
total revenue must be generated from tourism. In the context of this Review, it was not possible to
obtain data on preferential loans either by sector or by type of user (i.e. MSMEs or women).

Box 3.2 Preferential financing programmes, 2017-23


(Changes introduced since 2017 are highlighted in grey)
The DBJ grants loans in Jamaican and US dollars and determines the repayment period on a case-by-case
basis, based on cash flow. Loans to MSMEs cover up to 90% of the project cost, while those to large enterprises
cover up to 70% of the project cost, or 75% if financing is used in energy-efficiency projects.
In 2022, the DBJ launched the AGRIBIZ Programme, a JMD 1 billion credit line, under which farmers and
agribusinesses may borrow up to JMD 30 million, at an interest rate of 8.75%, for up to 10 years.

The EXIM Bank offers short- and medium-term loans in Jamaican and US dollars.
Short-term loans:

55
Data collected on exports includes goods and services. Information provided by the authorities.
56
Information provided by the authorities.
57
Transformation Implementation Unit (TIU), Rationalisation of Public Bodies. Viewed at:
https://publicsectortransformation.gov.jm/rationalisation-of-public-bodies.
58
Micro enterprises have 1 to 5 employees and annual earnings up to JMD 15 million. Small enterprises
have 6 to 20 employees and annual earnings from JMD 15 million to JMD 75 million. Medium enterprises have
21 to 50 employees and annual earnings from JMD 75 million to JMD 425 million.
59
McLean, S. and Charles, D. (2020), "A Preliminary Review of Policy Responses to Enhance SME Access
to Trade Financing in the Caribbean", Studies and Perspectives Series ECLAC Subregional Headquarters for
the Caribbean, No. 88. Viewed at:
https://repositorio.cepal.org/bitstream/handle/11362/45101/1/S1901210_en.pdf.
60
JIS (2023), "MSMEs to Benefit from Business Roadshow", 31 May. Viewed at:
https://jis.gov.jm/msmes-to-benefit-from-business-roadshow/; and MIIC, The MSME Sector. Viewed at:
https://www.miic.gov.jm/content/msme-sector.
- 49 -

Exim Express Financing: loans range from JMD 2 million to JMD 15 million or 75% of the project cost, at
competitive interest rates, for up to 90 days. Beneficiaries are SMEs.
Medium-term loans:
Energy loan (introduced in 2023): loans are up to JMD 50 million or 85% of the project cost, for up to
7 years. Beneficiaries are SMEs.
EXIM E-Commerce Funder (introduced in 2023): loans are up to 80% of the project cost, at an interest
rate of 5%, for up to 5 years. Beneficiaries are SMEs.
"Reset" Loan (introduced in 2021): loans range from JMD 5 million to JMD 25 million, at an interest rate
of 4.75%, for up to 5 years. Beneficiaries are MSMEs.
SME Growth Initiative: loans of up to USD 500,000 or its equivalent in Jamaican dollars, for up to 5 years;
a 12-month moratorium period may apply. Beneficiaries are MSMEs.
SMTE Special Project (Tourism Enterprises): loans are up to JMD 25 million, at an interest rate of 4.5%,
for up to 7 years; a 12-month moratorium period may apply.

Source: Compiled by the WTO, based on DBJ. Viewed at: https://dbankjm.com/about-dbj-loans/; and
EXIM Bank. Viewed at: https://www.eximbankja.com/.

3.72. The DBJ also provides one-time grants to MSMEs to develop energy-efficiency projects (up to
JMD 200,000) or foster entrepreneurship (up to JMD 4 million or 70% of the project cost).61

3.73. In April and May 2020, because of the pandemic, the DBJ reduced its interest rate,
rescheduled loans, and granted moratoria and payment holidays. In addition, in 2021-22, as part of
the Social and Economic Recovery and Vaccine (SERVE) Jamaica Programme, a JMD 3 billion
package was allocated to the DBJ to assist MSMEs affected by the pandemic. Loans were provided
to facilitate debt refinancing/restructuring and working capital, and to increase digitalization. In
addition to the loans, grants that targeted MSMEs were also provided to promote digitalization
(Table 3.8).

Table 3.8 DBJ SERVE programme, 2021-22


Product Financing condition
MSME Recovery Loan Programme Loans of up to JMD 10 million or 90% of the project cost, at a 5% interest rate,
for up to 8 years
Go-Digital Loans Loans of up to JMD 800,000 or 90% of the project cost, at a 2% interest rate,
for up to 3 years
Go-Digital Voucher Grants of up to JMD 300,000

Source: Compiled by the WTO Secretariat, based on MOFPS (2021), HMFPS Budget Presentation 2021-22:
Preparing Jamaica to Recover Stronger. Viewed at: https://www.mof.gov.jm/budget/archive-of-
opening-speeches/; and DBJ. Viewed at: and https://dbankjm.com/.

3.74. Support to MSMEs was also available through the COVID-19 Allocation of Resources for
Employees (CARE) programme, a JMD 10 billion stimulus package, under which grants were
provided to MSMEs to secure jobs. In this context, in FY2020/21, under the COVID-19 General
Grants scheme, micro enterprises could obtain grants of up to JMD 25,000 or JMD 40,000, depending
on the activity; MSMEs could get grants of up to JMD 100,000 under the COVID-19 Small Business
Grants scheme. The total amount spent on grants was JMD 814 million.62 Other CARE schemes
targeted SMEs engaged in tourism activities (Section 4.4).

3.75. In addition to loans and grants, the DBJ continues to provide bank guarantees to all types of
enterprises under its Credit Enhancement Facility (CEF). The CEF guarantees cover up to 90% of a
loan (or JMD 30 million) for MSMEs, and up to 70% of loans for large enterprises. MSMEs must follow
environmentally and socially responsible practices to be eligible. In addition, guarantees are not
granted to manufacturers and traders of tobacco and alcoholic beverages (excluding beer and wine)

61
DBJ, Grants. Viewed at: https://dbankjm.com/grants-3/.
62
MOFPS (2020), CARE (COVID-19 Allocation of Resources for Employees) Brochure. Viewed at:
https://jis.gov.jm/media/2020/04/CARE-Brochure-Ministry-of-Finance-2020.pdf; and MOFPS (2022), HMFPS
Budget Presentation 2022-2023: Recovery, Reform and Restoration. Viewed at:
https://www.mof.gov.jm/budget/archive-of-opening-speeches/.
- 50 -

because of public health or environmental grounds. An annual 2% fee (plus GCT) is charged on the
amount guaranteed.63

3.3.2 Standards and other technical requirements

3.76. The MIIC is in charge of Jamaica's National Quality Infrastructure (NQI) and of implementing
the National Quality Policy (NQP). Over the review period, Jamaica's NQP (adopted in 2001) was
revised to ensure that quality requirements continue to support economic development, trade
facilitation, market access, and consumer protection. The latest (2019) revision concluded that a
series of issues still limited Jamaica's adoption of an effective and efficient quality system, which
restrained its participation in world trade. As a result, Jamaica is committed to (i) strengthening the
institutional NQI framework; (ii) transforming the existing system of voluntary and compulsory
standards into a WTO TBT-compliant system of technical regulations and standards;
(iii) implementing a national Accreditation Based Conformity Assessment System (ABCAS) that
meets international requirements; (iv) enhancing the private sector's support and participation; and
(v) building a culture of quality.64

3.77. Jamaica's NQI is governed by the Standards Act, 1969 (last amended in 2002); the Weights
and Measures Act, 1976 (2015); the Processed Foods Act, 1959 (2017); the Petroleum (Quality
Control) Act, 1990 (2001); and several regulations.65 Jamaica has accepted the WTO TBT Code of
Good Practice.66

3.78. Jamaica is in the process of transitioning from a quality system of "voluntary and compulsory
standards" to a system that uses technical regulations and standards as used in the WTO.67 However,
at the time of writing, Jamaica continues to apply "compulsory standard", and has not started to
develop technical regulations, as the relevant amendment to the Standards Act has not been
approved.68 Nevertheless, to facilitate the transition, it has made institutional and administrative
changes, including establishing a procedure to develop technical regulations. This procedure will
introduce new, relevant stages, such as the review of proposals by multi-disciplinary committees
and a regulatory impact assessment to evaluate the economic impact.

3.79. The Bureau of Standards Jamaica (BSJ), an agency under the MIIC, is Jamaica's national
standards body69; it acts as Jamaica's national metrology institute, retaining custody of the national
standards of measurement, and performs conformity assessment. In 2022, a Technical Regulations
Unit was established within the BSJ to facilitate the transitioning to "the WTO TBT-compliant
system".70 The BSJ is responsible for WTO TBT notifications and is Jamaica's TBT national enquiry
point.

3.80. The National Compliance and Regulatory Authority (NCRA), an agency under the MIIC,
continues to ensure compliance with the required compulsory Jamaican standard specifications or
the technical regulations, including labelling.71 It undertakes inspections in the domestic market, at
the border, and in food processing establishments, and recommends or implements enforcement

63
DBJ CEF, Eligibility. Viewed at: https://www.dbjcef.com/eligibility/; and DBJ (2020), Annual Report
2019-2020. Viewed at: https://dbankjm.com/annual-reports/.
64
MIIC (2019), The National Quality Policy and Implementation Plan: Standards Led Market Driven.
Viewed at:
https://www.miic.gov.jm/sites/default/files/pdfs/National%20Quality%20Policy%20Final%20April%204%2020
19.pdf.
65
BSJ, Acts & Regulations. Viewed at: https://www.bsj.org.jm/acts-regulations.
66
WTO document G/TBT/CS/N/38, 29 April 1996.
67
In 2023, Jamaica approved the National Compliance and Regulatory Authority (NCRA) Act, 2023,
which would amend Section 7 of the Standards Act, 1969 to introduce the term "technical regulation".
However, at the time of writing, the NCRA Act has not yet been enforced.
68
Information provided by the authorities.
69
The BSJ is a member of the International Organization for Standardization (ISO), the International
Electrotechnical Commission (IEC), the Pan-American Standards Commission (COPANT), and the CARICOM
Regional Organization for Standards and Quality (CROSQ).
70
Information provided by the authorities.
71
The NCRA was created in 2015 by Cabinet Decision No. 403MIIC-25/15. It started to operate in 2016.
- 51 -

actions (i.e. refurbishment, release, destruction or re-exportation in the case of imports).72 When
passed, the NCRA Act, 2023 will recognize the Authority as a statutory body.

3.81. Given that the amendment to the Standards Act has not been yet approved, the procedure
to develop "compulsory standards" in Jamaica has not changed since the previous Review.
"Compulsory standards" continue to be developed by the BSJ based on proposals submitted by
ministries. "Compulsory standards" are developed using the same procedure as that used to develop
"voluntary standards", with one exception: the former must be notified to the WTO for international
enquiry or comments (Chart 3.3).73 Existing international/regional standards are fully or partially
used in the development of compulsory standards; according to the authorities, 98% of all
compulsory standards are based on international/regional standards. Revisions are carried out every
five years or as soon as significant changes are needed; revisions may be delayed, as indicated by
the authorities, by lack of resources. "Compulsory standards" are published online by the BSJ in a
pay-for-access catalogue.74

3.82. According to Jamaica's WTO TBT notifications, "compulsory standards" mainly refer to human
health or safety, quality requirements, and consumer information (labelling). Over the 2017-23
period, Jamaica submitted 66 regular TBT notifications to the WTO, including 4 urgent technical
regulations related to processed ackee, Portland cement, toilet paper, and hand sanitizer.75 In 2019,
a trade concern was brought to the attention of the WTO Committee on Technical Barriers to Trade
with regards to Jamaica's ban on single-use plastic products (Box 3.3); this was the first TBT trade
concern raised regarding a measure imposed by Jamaica.76

Box 3.3 Jamaica's ban on single-use plastics

Since 2019, Jamaica has banned the import, distribution, and manufacture of single-use plastic for commercial
use. The measure was introduced by the Trade (Plastic Packaging Materials Prohibition) Order, 2018 and the
Natural Resources Conservation (Plastic Packaging Materials Prohibition) Order, 2018.
The ban was implemented gradually:
1 January 2019: Plastic bags (including degradable, biodegradable, oxo-degradable, photodegradable, or
compostable bags), packaging (wholly or partly) made of expanded polystyrene foam, and drinking straws
(wholly or partly) made of polyethylene or polypropylene were banned.
1 January 2020: Packaging (wholly or partly) made of expanded polystyrene foam used as containers for
food and beverage was banned.
1 January 2021: Drinking straws made (wholly or partly) of polyethylene or polypropylene, manufactured
for single use, and attached to, or forming part of, the packaging of juice boxes or drink pouches were
banned.

Plastic bags used for maintaining public health and food safety a and drinking straws for use by, or used by,
persons with disabilities are exempt. In addition, under specific circumstances, the temporary use of single-
use plastics may be authorized.

In 2021, the Private Sector Organization of Jamaica (PSOJ) noted that issues remained relating to the
implementation of this measure, such as a limited locally manufactured alternative packaging or the quality
and cost of alternative packaging material.b

According to the Natural Resources Conservation (Plastic Packaging Materials Prohibition) Order, 2018,
offences are either a fine of up to JMD 50,000 or a two-year imprisonment. Under the Trade (Plastic Packaging
Materials Prohibition) Order, 2018, offences are a fine of up to JMD 2 million or a two-year imprisonment.

a This includes plastics bags used to package raw meat, eggs, flour, sugar, rice, or baked products.
b PSOJ (2021), Ban on Plastic in Jamaica: A Private Sector Perspective. Viewed at:
http://www.sela.org/es/centro-de-documentacion/base-de-datos-documental/bdd/72413/ban-on-
plastic-in-jamaica3.
Source: WTO Secretariat, based on the relevant legislation.

NCRA. Viewed at: http://www.ncra.org.jm/; and information provided by the authorities.


72

Information provided by the authorities.


73
74
Information provided by the authorities.
75
Since 2017, Jamaica has not submitted revisions or addenda to existing notifications.
76
WTO ePing. Viewed at: https://eping.wto.org/ [11 December 2023]; and WTO document
G/TBT/W/611, 22 March 2019.
- 52 -

3.83. Labelling requirements are governed by numerous product-specific technical regulations77,


the Standards (Labelling of Processed Food) Regulations, 1974 and the Public Health (Tobacco
Control) Regulations, 2013. Jamaica does not have specific requirements to label GMO products.
Locally manufactured and imported products must comply with the labelling requirements. All labels
must be approved by the BSJ. Labels must be in English; if not, an extra label in English must be
added.78 According to the authorities, labelling must be done at origin, but labelling at destination
might be authorized. In addition, goods imported for temporary use must have any required
identifying/serial marks.79

3.84. The Jamaica National Agency for Accreditation (JANAAC), under the MIIC, is Jamaica's
national accreditation body. It is a signatory to the mutual recognition arrangement (MRA) under
the International Laboratory Accreditation Cooperation (ILAC). It recognizes the tests or certificates
issued by any foreign conformity assessment bodies (CABs) accredited by MRA ILAC signatories.80
In 2023, Jamaica had 46 accredited laboratories (testing, calibrating, and medical), including the
BSJ; 1 accredited certification body; and 5 accredited inspection bodies (including the NCRA and the
Plant Quarantine/Produce Inspection Branch at the MAFM).81

3.85. TBT inspections at the border (and in the domestic market) are carried out by the NCRA.
Consignments entering Jamaica are inspected at the port of entry or in the importers' premises for
those that are subject to site inspection (i.e. cold stores and bonded warehouses) or are granted
AEO status. Imports subject to TBT requirements may be detained and tested, and subsequently
released, destroyed, or re-exported. Imports that do not comply with Jamaica's TBT legislation may
also be rehabilitated, upon written request by the importer to the BSJ.82 In the context of this
Review, it was not possible to obtain data on TBT-related detentions and tests undertaken at the
border. Importers may appeal any decisions.

3.86. The BSJ is also in charge of developing "voluntary standards". It applies a procedure that is
based on the ISO system for the development of standards and comprises several stages
(Chart 3.3). Existing international or regional standards are fully or partly referenced in the
development of Jamaican "voluntary standards", which apply to almost all (98%) local standards. If
international and regional standards are used, the enquiry stage is reduced from 60 to 30 days.83
Local "voluntary standards" may be used to develop local "compulsory standards". Voluntary
standards are revised every five years, although the authorities indicated that delays may occur due
to resource constraints. Voluntary standards are published in the BSJ online pay-for-access
catalogue.

3.87. The National Certification Body of Jamaica (NCBJ), an independent unit of the BSJ, handles
four voluntary national certification programmes: (i) the National Certification Mark, granted for two
years; (ii) the Jamaica-Made Mark84; (iii) the Certification of Agriculture Produce; and (iv) the
Organic Certification Programme.85 Foreign manufacturers may apply to obtain all certificates,
except for the Jamaica-Made Mark certification; they are subject to the same requirements as
Jamaican manufacturers.86

77
Labelling requirements are mainly contained in JS 1, JS CRS 5:2010, and JS CRS 37:2011.
78
BSJ, Guidelines for Labelling. Viewed at: https://www.bsj.org.jm/guidelines-labelling.
79
JCA, Temporary Imports. Viewed at: https://www.jacustoms.gov.jm/service/temporary-imports.
80
MIIC, Jamaica National Agency for Accreditation (JANAAC). Viewed at:
https://www.miic.gov.jm/content/jamaica-national-agency-accreditation-janaac.
81
The authorities indicated that, in 2023, a procedure for self-declaration of conformity was developed
by the BSJ. At the time of drafting this report, it has not yet been implemented.
82
NCRA, FAQs and Import and Domestic Commodities Inspectorate. Viewed at:
http://www.ncra.org.jm/faqs and http://www.ncra.org.jm/services/domestic-import-commodities-inspectorate.
83
Information provided by the authorities.
84
To use the Jamaica-Made Mark, products must have at least 51% of Jamaican raw materials.
85
NCBJ, Services: National Certification. Viewed at: http://www.ncbj.org.jm/.
86
Information provided by the authorities.
- 53 -

Chart 3.3 Procedure to develop Jamaican "voluntary standards"


Proposal stage
Request submitted to the BSJ. Search for relevant existing
standards to determine if the request is pertinent Approval stage
The FDJS is approved by the BSJ and submitted to the
Preparatory stage portfolio ministry for approval. Other ministries may be
A technical committee (TC) is established, or the proposal is notified accordingly
incorporated into the work plan of an existing TC. A working draft
is developed; existing standards may be used and referenced. The
working draft is approved as a committee draft
Publication stage
The FDJS is published as a Jamaican Standard (JS)
Committee stage
Editing is done. A Draft Jamaican Standard (DJS) is registered

Enquiry stage Revision stage


The DJS is circulated; comments are received within 30 or 60 Every 5 years or earlier if required. Standards are confirmed,
days; and the DJS is revised accordingly. The DJS is approved and revised or withdrawn
registered as a Final Draft Jamaican Standard (FDJS)

Note: Decisions in technical committees are taken by consensus.


Source: BSJ (2023), Standards Development Work Programme April 2023 to September 2023. Viewed at:
https://www.iso.org/sites/wtowp/jamaica/bsj_work_programme.pdf.

3.3.3 Sanitary phytosanitary requirements

3.88. Jamaica's animal health, plant protection, and food safety system is governed by national and
regional legislation. At the national level, laws and regulations remain extensive and largely outdated
(Table A3. 4). In this context, a process to update and rationalize the legislation on food and on
animal and plant health was initiated during the review period.87 As a result, the Pesticide (Maximum
Residue Limits in Crops, Food, and Animal Feed) Regulations, 2017 entered into force.

3.89. At the regional level, Jamaica is a party to the Protocol Governing CARICOM Control Analysis
and Approval Procedures for Trade in Animal and Animal Products. In 2021, CARICOM approved
model bills related to animal health and plant protection, which may be used by CARICOM members
as models to draft or revise their national legislation88; drafts of model bills on pesticides and food
safety have not yet been approved.89

3.90. The main institution responsible for animal health and plant protection is the Ministry of
Agriculture, Fisheries, and Mining (MAFM). Three divisions, within the Ministry, are in charge of these
matters: the Veterinary Services Division (VSD), the Plant Quarantine/Production Inspection (PQPI)
Division, and the Research and Development Division. The MAFM is Jamaica's WTO SPS enquiry
point.90 In addition, the Pesticides Control Authority (PCA), under the Ministry of Health and Wellness
(MHW), is also involved in securing plant health by regulating the manufacture, trade, and use of
pesticides.

3.91. The MAFM, the MHW, and the MIIC continue to be in charge of food safety. Each ministry has
broad functions related to food safety91, which, according to the authorities, results in "much
overlapping and even gaps in the country's food safety regulatory system".92 For instance, microbial
testing is undertaken by the MIIC, except in the case of eggs and dairy products for which testing is
executed by the MHW; the MAFM and the MHW are both in charge of ensuring compliance with
maximum residue limits (MRLs).93

87
JIS (2021), "Gov't to Promulgate Modern Food-Safety Legislation", 4 June. Viewed at:
https://jis.gov.jm/govt-to-promulgate-modern-food-safety-legislation/; and information provided by the
authorities.
88
WTO document G/SPS/GEN/1924, 24 June 2021.
89
Caribbean Agricultural Health and Food Safety Agency (CAHFSA), Legislations and Policies. Viewed at:
https://cahfsa.org/legislations-and-policies/.
90
WTO ePing. Viewed at: https://eping.wto.org/.
91
For details, see Appendix 1 to the National Food Safety Policy, 2013. Viewed at:
https://www.moa.gov.jm/document-categories/policies.
92
National Food Safety Policy 2013; and JIS (2021), "Gov't to Promulgate Modern Food-Safety
Legislation", 5 June. Viewed at: https://jis.gov.jm/govt-to-promulgate-modern-food-safety-legislation/.
93
National Food Safety Policy 2013.
- 54 -

3.92. The National Agricultural Health and Food Safety Coordinating Committee (NAHFSCC) is still
functioning. The Committee, which comprises technical officers from the three ministries dealing
with food safety, academia, and the private sector, serves as a mechanism for coordinating national
food safety issues. An MOU was signed among the three Ministries in charge of food safety, to clarify
their roles and responsibilities in areas such as food inspection, sampling, and surveillance.94

3.93. Jamaica continues to participate in the Caribbean Agricultural Health and Food Safety Agency
(CAHFSA), which has been in operation since 2014 and aims to contribute to improving agricultural
health and food safety in the region. To this end, it assists member States in strengthening their
national capacity to create more efficient animal and plant health, and food safety regimes. CAHFSA
also aims to facilitate the development and use of regional and international standards, measures,
and guidelines, and to harmonize procedures related to Good Agricultural Practices (GAPs), Good
Manufacturing Practices (GMPs), Hazard Analysis Critical Control Point (HACCP), quarantine systems
and surveillance, and good laboratory practices and services.95

3.94. Jamaica continues to implement the National Plant Health Policy, 2011 and the Food Safety
Policy, 2013.96 No substantial changes were introduced to these policies over the review period.
Jamaica does not have a national policy on animal health; however, since 2021 it has implemented
CARICOM's Trade Policy on Animal and Animal Products (TPAAP), a regional policy designed to
facilitate safe intra- and extra-regional trade.97 CARICOM also approved a Regional Agricultural
Health and Food Safety Policy and Action Plan.98

3.95. The objective of Jamaica's agricultural health and food safety policies remained unchanged
over the review period. Jamaica aims to maintain an appropriate level of protection to prevent the
spread or introduction of diseases with a view to protecting animal, environmental, human, and
plant health; ensuring food safety and security; promoting trade; and maintaining or attaining the
necessary certification to access export markets. However, climate change, which has resulted in an
increase in pests and diseases, has become a challenge for Jamaica.99 Regarding food safety,
Jamaica aims at promoting safe practices, including the implementation of surveillance and control
systems. To effectively manage food safety risk, Jamaica uses the Hazard Analysis Critical Control
Point (HACCP) management system100; food processing establishments using HACCP-based systems
are certified by the National Certification Body of Jamaica (NCBJ).101

3.96. According to the authorities, SPS measures used and applied to domestic and imported goods
are based on standards issued by the Codex Alimentarius Commission, the International Office of
Epizootics (OIE), and the International Plant Protection Convention (IPPC). Regarding MRLs, Jamaica
applies the MRLs Codex. If MRLs are not established in the Codex, it uses the lowest of those used
by the European Union or the United States. However, if neither the EU nor the US MRLs are
applicable, "the most sensitive and appropriate technology available" is to be used. 102 Regarding
food additives, Jamaica does not have specific regulations; it uses the Codex standards or, if not
applicable, Canadian, European, or US standards.103

94
Government of Jamaica, Implementation Plan: National Food Safety Policy (2012 2017). Viewed at:
https://moa.gov.jm/sites/default/files/pdfs/National_Food_Safety_Implementation_Policy_implementation_pla
n.pdf.
95
CARICOM, Caribbean Agricultural Health and Food Safety Agency (CAHFSA). Viewed at:
https://caricom.org/institutions/caribbean-agricultural-health-and-food-safety-agency-cahfsa/.
96
MAFM, Policies. Viewed at: https://www.moa.gov.jm/document-categories/policies.
97
Information provided by the authorities; and CAHFSA, Legislations and Policies. Viewed at:
https://cahfsa.org/legislations-and-policies/.
98
MAFM, Trade Newsletter, Issue 2, 25 January 2022. Viewed at: https://www.moa.gov.jm/document-
categories/trade-opportunities.
99
Inter-American Institute for Cooperation on Agriculture (2017), Assessment of the Vulnerability of
Jamaica's Agricultural Sector to the Adverse Consequences of Severe Weather Events. Viewed at:
https://repositorio.iica.int/handle/11324/7229.
100
MIIC (2017), "Industry Ministry Encourages Producers to Become HACCP-Certified", 15 June.
Viewed at: https://www.miic.gov.jm/content/industry-ministry-encourages-producers-become-haccp-certified.
101
NCBJ, HACCP Recognition Programme. Viewed at: http://www.ncbj.org.jm/haccp-recognition-
programme.
102
Pesticides Control Authority (PCA). Viewed at:
https://www.caribpesticides.net/tpac_pesticides_act.pdf.
103
USDA (2021 and 2018), Food and Agriculture Import Regulations and Standards (FAIRS). Viewed at:
https://gain.fas.usda.gov/#/home.
- 55 -

3.97. Since its last Review, Jamaica has submitted one SPS notification to the WTO, related to the
Pesticide (Maximum Residue Limits in Crops, Food, and Animal Feed) Regulations, 2017.104 The
Ministry of Foreign Affairs and Foreign Trade (MFAFT) is responsible for WTO SPS notifications. No
Member has raised a trade concern about Jamaica's SPS measures.105

3.98. The PQPI is in charge of undertaking plant risk analysis (PRAs).106 Since 2017, 110 PRAs were
carried out, 63 of which resulted the imposition of phytosanitary measures to mitigate the risk
associated with the pest. The timeline to complete PRAs varies on a case-by-case basis. Jamaica
recognizes PRAs developed by third parties, including the Caribbean Agriculture Health and Food
Safety Agency (CAHFSA).107 In 2021, Jamaica updated its list of regulated plant pests, which
contained 131 globally recognized pests (both quarantine and regulated non-quarantine pests.108
SPS measures are published online, on the MOAFM website and on the Jamaica Trade Information
Portal.109

3.99. Jamaica Import/Export Inspection Centres still exist. They operate at the border as a one-
stop SPS service point. A permit is required to import (i) live animals, products and by-products of
animal origin, and products for animal use (issued by the VSD); (ii) plants, plant products, and
plants for planting (PQPI); (iii) pesticides (PCA); and (iv) food products and additives (MHW).110

3.100. Imports of plants and plant products are inspected by the PQPI.111 Consignments are
inspected at the ports of entry or on the importers' premises, for those who have on-site inspection
privileges (cold stores/warehouses) or participate in the AEO programme. Once the inspection and
if appropriate testing are executed, the consignment may be released, re-exported, confiscated
and destroyed, treated (including fumigation and PEQ) and released, or confiscated and
destroyed.112

3.101. Under Article 12 of the Protocol Governing CARICOM Control Analysis and Approval
Procedures for Trade in Animal and Animal Products, animal health risk assessment may be
conducted by the contracting party or the CARICOM authority (i.e. Regional Animal Health
Assessment Team). Over the review period, in Jamaica, the VSD implemented animal health risk
assessment. Live animals are held in quarantine for at least 14 days.113 Kingston is the only port of
entry for live animals.

3.102. In 2019, Jamaica adopted the Biosafety Policy for Jamaica, which was revised in 2020, to
reduce the potential risks associated with the handling, transport, trade, and use of living modified
organisms (LMOs).114 Under the Plants (Importation) Control Regulations, 1997, import of
genetically modified plants, seeds, slips, and cuttings are allowed for experimental purposes only.115
The MAFM and the MHW regulate the use of LMOs in the health and agriculture sectors, respectively.

104
WTO document G/SPS/N/JAM/15, 26 March 2018.
105
WTO ePing. Viewed at: https://eping.wto.org/.
106
MAFM, Import Pest Risk Analyses. Viewed at: https://www.moa.gov.jm/content/import-pest-risk-
analyses.
107
Information provided by the authorities.
108
The list was last amended in 2021. IPPC, Regulated Pest List. Viewed at:
https://www.ippc.int/en/countries/jamaica/reportingobligation/2020/09/regulated-pest-list-1/.
109
Information provided by the authorities.
110
Jamaica Trade Information Portal. Viewed at:
https://jamaicatradeportal.gov.jm/index.php?r=site/index.
111
For the list of HS codes, refer to Jamaica Trade Information Portal. Viewed at:
https://jamaicatradeportal.gov.jm/index.php?r=searchMeasures/view&id=1220.
112
For detailed steps, refer to Jamaica Trade Information Portal. Viewed at:
https://jamaicatradeportal.gov.jm/index.php?r=searchProcedure/view1&id=50.
113
Animals (Diseases and Importation) Act, 1948; and MAFM, Veterinary Services Division. Viewed at:
https://www.moa.gov.jm/content/veterinary-services-division.
114
Jamaica seeks to comply with the obligations set out in the Cartagena Protocol on Biosafety and
other international agreements to which it is a party. Government of Jamaica (2020), Biosafety Policy for
Jamaica. Viewed at: https://faolex.fao.org/docs/pdf/jam206186.pdf.
115
The Pharmacy Act, 1975 algo regulates the import of LMOs used in pharmaceutical products.
- 56 -

3.3.4 Competition policy and price controls

3.3.4.1 Competition policy

3.103. Competition policy continues to be mainly governed by the Fair Competition Act (FCA), 1993
which was not substantially amended over the review period.116 To implement certain provisions of
the Act, generic guidelines were issued in 2017 to assess anti-competitive practices, and in 2022 to
assess mergers, acquisitions, and joint ventures.117 The Fair Trading Commission (FTC), under the
MIIC, is responsible for implementing the FCA, except in the telecom sector, in which the regulatory
authority the Office of Utilities Regulation (OUR) undertakes the role of the FTC.118

3.104. In principle, the FCA applies to all economic operators, including state-owned companies
(SOEs) and excluding some services in the legal119 and banking120 sectors. In addition, the MIIC may
be authorized by the Parliament (affirmative resolution) to order exclusions.121 Such orders apply in
the cocoa and coffee industries, and the generation of electricity.122 In sectors that are not covered
by the FCA, the competition regime seems to be regulated by sectoral provisions, and the regulatory
authority or the portfolio ministry acts as the FTC.

3.105. Under the FCA, a series of agreements is also excluded from the competition regime, such
as collective bargaining agreements and licensing agreements relating to the use of IPRs.123

3.106. Section 17 of the FCA prohibits any agreements that have the purpose, effect, or likely effect
of substantially lessening competition. However, the Act does not expressly prohibit monopolies but
does not allow the abuse of dominant position. Anti-competitive agreements may be prohibited
per se (e.g. cartelization) or under the rule of reason (e.g. abuse of a dominant position).124
However, anti-competitive agreements may be authorized by the FTC, on certain grounds, such as
if (i) they generate efficiencies and allow for consumers' welfare; (ii) they target "public benefit";
(iii) they are used for a "reasonable" period of time; or (iv) the parties have less than a 25%
combined market share.125 According to the authorities, no such authorizations were allowed over
the 2017-23 period.

3.107. The FCA does not contain any specific provisions on economic concentrations (mergers,
acquisitions, and joint ventures). Therefore, they continue to be assessed under Section 17, and the

116
The FCA (Section 51) was last amended in 2017. The amendment related to tariff concessions
granted to the Fair Trading Commission (General Consumption Tax (Removal of Exemptions) (Miscellaneous
Provisions) Act, 2017).
117
FTC, Publications: Advisories. Viewed at: https://jftc.gov.jm/publications/advisories/.
118
In 2018, as part of the public sector rationalization programme, the merger of the FTC and the
Consumer Affairs Commission (CAC) was agreed to by the Cabinet. The authorities indicated that the Cabinet
decided to create a new entity that would assume both the FTC's and the CAC's responsibilities. In 2023, a
draft bill was being finalized accordingly. Therefore, as of December 2023, both the FTC and the CAC continue
to be competent with regards to consumer protection. The FTC deals with misleading advertising (FCA,
Section 37), representations and publication of testimonials (Section 38), double ticketing (Section 39), sale of
goods at a bargain price (Section 40), and sale of goods above advertised price (Section 41). The CAC applies
the Consumer Protection Act, 2005, which prohibits unfair trade practices and the supply of harmful/defective
goods.
119
Supreme Court Suit No. E.35 of 1995. Viewed at: https://jftc.gov.jm/wp-
content/uploads/2017/08/General-Legal-Council-vs.-Fair-Trading-Commission-November-1995.pdf.
120
The definition of "goods" in Section 2(1) of the FCA, 1993 excludes money and securities.
121
FCA, 1993, Section 3(h).
122
Information provided by the authorities.
123
FCA, 1993, Section 3.
124
Per se prohibitions include exclusionary agreements (FCA, 1993, Section 18), resale price
maintenance (Sections 22 and 23), tied selling (Section 33), price fixing (Section 34), collusion and cartels
(Section 35), and bid rigging and collusive tendering (Section 36). Rule of reason applies to abuse of dominant
position (Section 20), exclusive dealing (Section 33), and market restriction (Section 33).
125
FCA, 1993, Sections 17(4), 29, and 33(4); and FTC (2017), The Fair Competition Act: A Guide to
Anti-competitive Practices. Viewed at: https://jftc.gov.jm/wp-content/uploads/2017/10/The-Fair-Competition-
Act-A-Guide-to-Anti-Competitive-Practices-2002.pdf.
- 57 -

generic guidelines issued in 2022.126 In 2023, a draft bill that would provide for the review and
assessment of mergers, including pre-merger notifications, was being discussed in Parliament.127

3.108. The FTC investigates all alleged infringements on its own initiative or on request. If the
investigation relates to an economic concentration, it is usually initiated once the transaction is
completed. However, parties are encouraged to contact the FTC ex ante.128 To prohibit a practice
under the rule of reason, there must be evidence of anti-competitive effects before a breach to the
FCA is determined. For instance, if an abuse of dominant position in a relevant market is
investigated, the FTC must evaluate several criteria. It first determines if the respondent has a
market share of 50% or above. If so, other factors are considered to evaluate if it has advantages
over existing or potential competitors that may entail a dominant position be abused. Respondents
are encouraged to participate in the investigations, which the FTC seeks to complete within three
months (economic concentrations) or six months (anti-competitive practices).129

3.109. Once the investigation is completed and if there is no agreement with the respondent, the
FTC submits the case to the Supreme Court. The FTC determines if there is infringement but is not
empowered to declare that there is an infringement or impose remedies and/or fines under the FCA.
This is the responsibility of the Supreme Court, whose decisions may be challenged in the Court of
Appeal. Offenders must pay a penalty of up to JMD 1 million (natural persons) or JMD 5 million (legal
persons)130; penalties are not based on the infringer's income, the seriousness of the infringement,
or the infringing practice. In addition, competition offences are only subject to civil liability;
offenders, including participants in a cartel, are therefore not criminally liable.131 Jamaica does not
have a leniency programme.

3.110. According to the authorities, over the 2017-23 period, the FTC initiated 23 investigations in
13 relevant markets to evaluate alleged breaches to the competition regime committed under the
rule of reasons (Table 3.9).

Table 3.9 Investigation related to competition, 2017-23


Year Investigations Relevant markets
(no.)
2017 2 Agriculture products; insurance services
2018 0 n.a.
Telecommunications; clothing/textiles; gaming and contests; financial services;
2019 7
petroleum products; ice industry
Automobile; education services; food and beverages; petroleum products; insurance
2020 5
services
2021 4 Energy; education services; medical supplies; insurance services
2022 4 Petroleum products; financial services; food and beverages
2023 1 Agriculture products

n.a. Not applicable.


Source: Information provided by the authorities.

3.111. The FTC also promotes competition through markets studies, public education, and
cooperation with public (including regulatory) bodies. Since 2017, the Commission has reviewed the
concentration ratio in several services markets auditing, financial, telecommunications, nursing
care, and port services and formulated recommendations to enhance competition.132 Public bodies

126
FTC (2002), A Guide to Anti-competitive Practices and Guidelines for Reviewing Mergers, Acquisitions
and Joint Ventures. Viewed at: https://jftc.gov.jm/publications/advisories/.
127
Information provided by the authorities.
128
FTC (2002), A Guide to Anti-competitive Practices and Guidelines for Reviewing Mergers, Acquisitions
and Joint Ventures.
129
International Competition Network (2021), Template pursuant to Section 3 (a) of the ICN Framework
on Competition Agency Procedures Fair Trading Commission, Jamaica. Viewed at:
https://www.internationalcompetitionnetwork.org/wp-content/uploads/2021/11/CAP-Template-Jamaica.pdf.
130
FCA, 1993, Section 47(a).
131
FCA, 1993, Sections 23(2), 24, and 25; Fair Competition (Notices and Procedures)
Regulations, 2000, Section 21; and International Competition Network. Viewed at:
https://www.internationalcompetitionnetwork.org/wp-content/uploads/2021/11/CAP-Template-Jamaica.pdf.
132
FTC (several years), Compete. Viewed at: https://jftc.gov.jm/publications/magazines/; and FTC,
Market Studies. Viewed at: https://jftc.gov.jm/publications/market-studies/.
- 58 -

cooperate with the FTC by sharing information when investigations are undertaken and providing
comments on draft legislation and policies to ensure compliance with the competition regime.133

3.3.4.2 Price controls

3.112. During the period under review, in general Jamaica did not impose any price controls, except
for tariffs in the electricity market134 and the telecom market, which are regulated (Section 4.4.2).
In addition, some tariffs, such as those determined by the airport concessionaires, must be approved
by the regulatory authority.

3.113. During the COVID-19 pandemic, to prevent an upsurge in prices, Jamaica enforced the Trade
(Sale of Goods during Period of Declaration of Disaster Area) Order, 2020 under which the retail
prices of food and drinks, personal care items, and medical supplies (necessary goods) could not be
increased; retailers were not allowed to charge a price that was higher than that charged
immediately before the COVID-19 outbreak. The Consumer Affairs Commission (CAC), which is in
charge of monitoring consumer prices, on a monthly or yearly basis depending upon the goods 135,
was in charge of enforcing the Order; infringement was fined.136

3.3.5 State trading and state-owned enterprises

3.114. In 2016 (latest notification available), Jamaica notified the WTO that it had one state trading
enterprise (STE), the Jamaica Commodity Trading Company Ltd. (JCTC), under the definition in
Article XVII of the GATT 1994. The JCTC was established to trade sensitive commodities in
exceptional circumstances that would require government intervention. However, in 2016, the
authorities notified that the JCTC was not engaged in trading activities.137

3.115. Jamaica has several SOEs involved in commercial activities.138 SOEs are incorporated as
limited liability companies under the Companies Act, 2004 or as statutory corporations under Acts
of Parliament.139 They are governed by the Public Bodies Management and Accountability Act, 2001
(last amended in 2015) and related Regulations. New regulations for the selection, appointment,
and revocation of the boards of directors came into force in 2023.140

3.116. The contribution of SOEs to the economy remains important; they accounted for 14.1% of
GDP in 2017. In 2022 (latest data available), they had 7,874 employees (up from 7,450 in 2017).141
SOEs in Jamaica operate in several sectors (mainly energy, real estate, and services) and remain
relevant, including exclusive, players in certain markets. The only refinery is state-owned (operated
by Petrojam Ltd) and postal services, and air communication, navigation, and surveillance systems
are also supplied solely by SOEs.

3.117. Jamaica continues to implement the public sector rationalization programme to reduce the
number of public entities, including SOEs.142 As a result, over the review period, two SOEs were
privatized; four privatization processes were ongoing143; and three SOEs were closed (Table 3.10).
Moreover, Jamaica promotes public-private partnerships (PPPs) and concession arrangements. As

133
FTC (2020), Compete 2020. Viewed at: https://jftc.gov.jm/publications/magazines/.
134
Office of Utilities Regulation, Latest Tariffs. Viewed at: https://our.org.jm/sectors/electricity/tarriffs/.
135
Information provided by the authorities.
136
Price increases were allowed if the retailers proved the increase was only due to higher purchasing
costs. JIS (2020), "Retailers to Face Heavy Fines, Imprisonment for Price Gouging", 30 March. Viewed at:
https://jis.gov.jm/retailers-to-face-heavy-fines-imprisonment-for-price-gouging/.
137
WTO document G/STR/N/13/JAM, G/STR/N/14/JAM, G/STR/N/15/JAM, G/STR/N/16/JAM,
17 August 2016.
138
The authorities indicated that commercial activities refer to the sale of goods or services at prices
that cover at least the cost of production.
139
Ministry of Finance and the Public Service (2023), Jamaica Public Bodies: Estimates of Revenue and
Expenditure for the Year Ending March 2024. Viewed at: https://www.mof.gov.jm/wp-
content/uploads/JPB.2023-2024pdf.pdf.
140
Public Body Management and Accountability (Nomination, Selection and Appointment)
Regulations, 2021.
141
Information provided by the authorities.
142
TIU, Rationalisation of Public Bodies. Viewed at:
https://publicsectortransformation.gov.jm/rationalisation-of-public-bodies/.
143
The state-owned Development Bank of Jamaica (DBJ) is responsible for implementing Jamaica's
divestment programme. DBJ, P4 Portal. Viewed at: https://dbankjm.com/p4-portal/.
- 59 -

such, since 2019, Norman Manley International Airport (NMIA) has been operated by a private
concessionaire.144

Table 3.10 SOEs subject to privatization and other rationalization processes, 2017-23
SOEs Type of rationalization process
Agricultural Marketing Complex Ongoing privatization process
Central Wastewater Treatment Company Ongoing PPP process
Jamaica Mortgage Bank Ltd. (JMB) Ongoing privatization process
Milk River Spa/Bath Fountain Hotel Spa Ongoing privatization process
Norman Manley International Airport Concession arrangements enforced since 2019
NSWMA Waste Management Ongoing PPP process
Nutrition Products Ltd. Ongoing privatization process
Petrojam Ethanol Ltd. Closed. Functions transferred to Petrojam Ltd.
Petroleum Corporation of Jamaica (PCJ) Closed. Functions transferred to the Ministry of Science, Energy,
Telecommunications, and Transport
Port Authority Management Services Ltd. Closed. Functions transferred to the Port Authority of Jamaica
TransJamaican Highway Privatized in 2020
Wigton Windfarm Ltd. Privatized in 2019

Source: Information provided by the authorities.

3.118. In addition to the SOEs, the State has minority shareholding in a few companies, such as
the Jamaica Public Service Company Ltd, which operates in the electricity sector (however,
disinvestment was ongoing in 2023), and in Caribbean Airlines. In 2017, it sold its minority
shareholding in a company that supplied repair services in the sugar estates.145

3.3.6 Government procurement

3.119. Since Jamaica's previous Review, the government procurement regime has been
substantially revised. The Public Procurement Act (PPA), 2015, which was amended in 2018 and
came into force in 2019, consolidated and repealed several pieces of legislation that had previously
regulated public procurement.146 Changes related to the introduction of reservations for local
suppliers, harmonized thresholds for the procurement of services, new selection modalities, and a
standstill notice and period. According to the authorities, the PPA, 2015 introduced a public
procurement regime based on best practices. Jamaica is not a party to the WTO Agreement on
Government Procurement, nor is it an observer to the Committee.

3.120. To implement the Act, regulations and orders were issued, as were generic provisions,
including Guidance Notes (Table 3.11).147 Nevertheless, Jamaica continues to use the Handbook of
Public Sector Procurement Procedures, which is currently being revised to adapt to the PPA, 2015
as amended.

3.121. Over the review period, the institutions in charge of Jamaica's public procurement did not
change, although in 2019 their names did. In 2019, the Office of the Public Procurement Policy
(OPPP) replaced the Procurement and Asset Policy Unit, in the MOFPS; the Public Procurement
Commission (PCC) replaced the National Contracts Commission; and the Procurement Review Board
(PRB) replaced the Procurement Appeals Board. Each procuring entity maintains its remit and has a
specialized procurement unit.

144
Over the review period, Jamaica's highway corridors, Sangster International Airport, and Kingston
Container Terminal continued to be operated under long-term concession arrangements.
145
Information provided by the authorities.
146
The PPA repealed the Financial Administration and Audit Act, 1959 (Section 19B); the Financial
Administration (Supplies) Regulations, 1963; and the Public Sector Procurement Regulations, 2008. The
Contractor General Act, 1983, which also governed public procurement, was repealed by the Integrity
Commission Act, 2018.
147
MOFPS, Publication. Viewed at: https://procureja.gov.jm/publication/.
- 60 -

Table 3.11 Provisions related to government procurement, 2019-23


Provision Entry into force
Legal provisions
Public Procurement Act, 2015 2019
Public Procurement (Amendment) Act, 2018 2019
Public Procurement Regulations, 2018 2019
Public Procurement (Reconsideration and Review) Regulations, 2018 2019
Public Procurement (Registration and Classification of Suppliers) Regulations, 2019 2019
Public Procurement (Domestic Margin of Preferences) Order, 2019 2019
Public Procurement (Set Asides) Order, 2019 2019
Public Procurement (Amendment of First Schedule) Order, 2022 2022
Generic provisions
Handbook of Public Sector Procurement Procedures 2001; last
revised in 2014
Guidance Note 1/2020 (Criteria for the Award of Contracts) 2020
Guidance Note 1/2021 (Procurement under Alternate Systems)a 2021
Guidance Note 1/2022 (Submission of Procurement Reporting System Reports) 2022

a Procurement financed by international agencies.


Source: MOFPS, GOJ Procurement Law and Policy. Viewed at: https://procureja.gov.jm/goj-procurement-
law-and-policy/; and Publications. Viewed at: https://procureja.gov.jm/publication/.

3.122. The OPPP is in charge of Jamaica's procurement policy, which was last revised in 2021. The
policy's objective is to set up an efficient procurement regime to ensure value for money and promote
public confidence. To this end, procurement proceedings must be transparent and accountable, and
ensure a level playing field. In addition, Jamaica's procurement policy is intended to foster growth
and development; therefore, local MSMEs benefit from preferences and other measures. In addition,
the policy is aimed to minimizing the negative impact of government procurement on the
environment.148 Jamaica does not apply specific provisions to promote green/sustainable
procurement, although efforts are made in that direction, by ensuring sustainable procurement
practices and promoting the procurement of green technologies.149 Jamaica does not have explicit
provisions to promote the participation of women in government procurement; nevertheless, the
authorities indicated that given the role of women in MSMEs, they would implicitly benefit from
preferences granted to MSMEs.

3.123. The PPA, 2015 applies to all public bodies, including local entities and SOEs. However, the
MOFPS may be authorized by the Parliament (affirmative resolution) to order the exclusion of any
public bodies from the procurement regime150; the authorities indicate that no such exclusions
applied during the review period. In addition, the PPA, 2015 does not apply to public-private
partnerships (PPPs) and National Development Projects (NDPs).151

3.124. The PPA, 2015 applies to the procurement of all goods, services, and works, except for those
listed in the First Schedule (i.e. "exempt" procurement). Exemptions include, inter alia, legal
services, medical services, travel and accommodation services, and any goods, services, or works
"of a sensitive nature" (i.e. related to national defence or security, as well as crude oil and petroleum
products).152 In these cases, purchases are undertaken by procuring entities using industry
practices153 or their own internal guidelines.154 For instance, Petrojam uses its own internal
guidelines to purchase crude oil and petroleum products; however, the authorities stated that
Petrojam uses the same procurement methods as those established in the PPA, 2015.

148
MOFPS, Procurement Policy. Viewed at: https://procureja.gov.jm/procurement-policy/; and
Procurement Laws. Viewed at: https://www.mof.gov.jm/mofps-procurement/procurement-laws/.
149
Information provided by the authorities.
150
PPA, 2015, Section 3(3).
151
The list of PPPs may be viewed at: https://dbankjm.com/p4-portal/. In 2023, one NDP was being
executed (Public Procurement (National Development Project) (Montego Bay Perimeter Road Project)
Order, 2021).
152
First Schedule of the PPA, 2015 as amended by the Public Procurement (Amendment of
First Schedule) Order, 2022.
153
For example, industry practices include the use of retainer agreements to procure legal services;
legal advisers are selected based on demonstrable expertise. Information provided by the authorities.
154
MOFPS (2014), Handbook of Public Sector Procurement Procedures, Vol. 1. Viewed at:
https://procureja.gov.jm/publication/.
- 61 -

3.125. According to Jamaica's procurement policy, all bidders must be granted equal opportunities
and they cannot be discriminated against according to their origin. Despite this premise, Jamaican
suppliers are granted more favourable treatment; a margin of preference contingent on local content
is in place. In 2019, this margin was increased from 10% to 20%, and to obtain a benefit, local
suppliers must meet a minimum local content requirement of 35%. In 2019, Jamaica introduced
reservations. Public entities must reserve 20% of their procurement for local MSMEs, and need to
procure certain goods (including commonly used) only from local industries.155 According to the
authorities, these reservations have not been applied.

3.126. The PPA, 2015 provides for both centralized and decentralized procurement proceedings.156
Over the review period, government procurement, including procurement related to COVID-19,
remained decentralized.157 Each procuring entity must set up its own annual procurement plan (APP),
by taking budget forecasts into account and revising its APP once the Budget is passed. APPs must
be approved by the MOFPS. Procuring entities are not required to publish their APPs.158 Even if
procurement remains decentralized, standard bidding documents issued by the MOFPS must be used
by all procuring entities.159

3.127. Procurement processes may be undertaken using a digital e-tendering platform, the
Government of Jamaica Electronic Procurement (GOJEP) system, which is administered by the OPPP.
In 2022, 2.1% of Jamaica's total government procurement was e-tendered.160

3.128. Local and foreign suppliers must register to participate in procurement processes in
areas/sectors covered by the PPA, 2015. However, some suppliers, including participants to
"exempt" procurement, architects, accountants, and consultants, are not required to register.
Registration is done with the PCC (it may be done online by using the GOJEP), and is effective for
three years. There is no cost, but suppliers of works are charged a one-time registration fee.161

3.129. The procurement methods were not modified over the review period; a few methods were
renamed under the PPA, 2015.162 According to the Handbook of Public Sector Procurement
Procedures, open bidding is the preferred procurement method, although in practice this is not
always the case.163 Over the review period, Jamaica maintained four procurement methods: (i) open
bidding, which could be an international or a national competitive bidding (ICB or NCB), under which
all bidders may participate, although prequalification could apply for complex, highly value
procurement contracts; (ii) restrictive bidding, by which a few bidders are directly invited to
participate; (iii) single-source procurement, which consists of direct procurement; and
(iv) emergency contracting method, if procurement was unexpectedly needed to preserve the
financial viability and the core business of the procuring entity or to retain public safety and national
security.164 In addition, procuring entities continue to use framework agreements to procure
commonly used goods and services.

3.130. Open and restrictive biddings and single-source procurement are used based on thresholds
(Table 3.12). Nevertheless, restricted bidding and single-source procurement may be used in lieu of
open bidding, if circumstances so require, such as complexity, sensitivity (confidential procurement),

155
Public Procurement (Domestic Margin of Preferences) Order, 2019.
156
Centralized procurement is provided for in Section 2 of the PPA, 2015, which defines a procuring
entity as "any entity acting on behalf of any of the entities in connection with any procurement proceedings".
157
Information provided by the authorities.
158
MOFPS (2014), Handbook of Public Sector Procurement Procedures, Vol. 2. Viewed at:
https://procureja.gov.jm/publication/.
159
MOFPS, Procurement. Viewed at: https://www.mof.gov.jm/documents/procurement/.
160
Information provided by the authorities.
161
Public Procurement (Registration and Classification of Suppliers) Regulations, 2019; and PPC,
Frequently Asked Questions. Viewed at: https://ppc.gov.jm/faqs-main/. In addition, in 2020-21, suppliers
awarded COVID-19-related contracts had to notify their beneficial owners (owners with an equity share of 20%
or more). Beneficial ownership information was thereafter made publicly available. The authorities indicated
that the measure was not maintained due to high administrative costs. Information provided by the
authorities; and MOFPS, Reports & Statistics. Viewed at: https://procureja.gov.jm/statistics/.
162
Local competitive bidding was renamed as national competitive bidding, limited tender as restrictive
bidding, and direct contracting as single-source procurement.
163
MOFPS (2014), Handbook of Public Sector Procurement Procedures, Vol. 2. Viewed at:
https://procureja.gov.jm/publication/.
164
PPA, 2015; MOFPS (2014), Handbook of Public Sector Procurement Procedures, Vol. 2. Viewed at:
https://procureja.gov.jm/publication/; and information provided by the authorities.
- 62 -

urgent needs, exclusivity rights, standardization requirements, national security, or emergencies


(economic, social, or sanitary).165 The procurement thresholds were not revised over the review
period.166 Regarding the procurement of services, the same thresholds have applied to all types of
services since 2019. Previously, specific thresholds were used to procure consulting and general
insurance services.167

Table 3.12 Government procurement thresholds, 2017-23


Methods Thresholds (JMD million)
Goods Services Works
Open bidding
International competitive bidding > 60 > 60 > 150
(ICB)
National competitive bidding (NCB)
Restricted bidding
At least five suppliers
At least three suppliers
Single-source procurement

Source: Public Procurement Regulations, 2018.

3.131. In open and restrictive biddings, contracts are awarded to the lowest price, if the price is the
only selection criterion, or to the most advantageous bid, if price and non-price criteria are
considered.168

3.132. To identify the best supplier, depending on the procurement method and the selection
criteria, the procuring entities may opt for one of the following selection modalities: (i) a single-stage
bidding; (ii) a two-stage bidding; (iii) a two-envelope bidding; and since 2019 (iv) requests for
quotation; (v) requests for proposals without negotiation; and (vi) requests for proposals with
consecutive negotiations.169 Regarding the procurement of services, the same modalities have
applied to all types of services since 2019; specific modalities were previously used to select
consultants and insurers (general insurance services).170

3.133. Another change to the procurement proceedings relates to the introduction in 2019 of the
standstill notice and period. As such, procuring entities must notify the award decision to all
participating bidders (previously only the selected bidder was notified). Standstill periods, which are
determined on a case-by-case basis by the procuring entities, allow bidders to challenge the decision
of the procuring entity in the Procurement Review Board (PRB) and suspend the award process.171
Previously, the award process would continue even if the decision was challenged.172

3.134. The PPA, 2015 stipulates "procurement approval thresholds", which depend on the value of
the contracts. Therefore, contracts must be approved by (i) the head of the procuring entity, for
contract values up to JMD 30 million (Tier I limit); (ii) the PCC, if above JMD 30 million and up to
JMD 60 million (Tier II limit); or (iii) the head of the procuring entity, the PCC, and the Cabinet, if
above JMD 60 million (Tier III limit). The "procurement approval thresholds" remained unchanged
during the review period.173

3.135. The Integrity Commission monitors government contracts to ensure that there are no
irregularities. However, the Commission is not empowered to take any measures if procedures are

165
PPA, 2015, Sections 23(2), 24, and 25.
166
Public Procurement Regulations, 2018, First Schedule. The procurement thresholds were last revised
by MOFPS Circular No. 27 of 28 September 2016. MOFPS, Circular Resources. Viewed at:
https://www.mof.gov.jm/circular-resources/.
167
The authorities indicated that the Volume III (Procurement of Consulting Services) and Volume IV
(Procurement of General Insurance Services) of the Handbook of Public Sector Procurement no longer apply.
168
PPA, 2015, Section 38(2); and Guidance Note 1/2020 (Criteria for the Award of Contracts).
169
PPA, 2015, Section 25A incorporated by the Public Procurement (Amendment) Act, 2018.
170
The authorities indicated that the Volume III (Procurement of Consulting Services) and Volume IV
(Procurement of General Insurance Services) of the Handbook of Public Sector Procurement no longer apply.
171
PPA, 2015, Section 44(2).
172
MOFPS (2014), Handbook of Public Sector Procurement Procedures, Vol. 1. Viewed at:
https://procureja.gov.jm/publication/.
173
Public Procurement Regulations, 2018, Second Schedule. The "procurement approval thresholds"
were last revised by MOFPS Circular No. 27 of 28 September 2016. MOFPS, Circular Resources. Viewed at:
https://www.mof.gov.jm/circular-resources/.
- 63 -

breached.174 Offenders, including those that participate in bid rigging and/or collusive tendering, are
disqualified and may not participate in public procurement for five years, and they may be fined
and/or subject to imprisonment.175

3.136. In the context of this Review, the authorities indicated that "reliable" data on government
procurement was not available because of breaches in reporting and processing data. However,
Jamaica is working on better capturing data by modernizing collection and processing.

3.3.7 Intellectual property rights

3.137. Jamaica aims to use innovative-based industries as a tool to promote socio-economic


development.176 In this context, Jamaica launched the National Science, Technology, and Innovation
Policy (National ST&I Policy) 2019-2029, which sets up short- and medium-term programmes to
contribute to greater invention, distribution, and exploitation of knowledge, technology, and
innovation. The Policy also seeks to address issues such as a "persistently low level of support" (both
public and private) for innovation that limits economic growth, productivity, and job creation.177
Despite these challenges, according to WIPO, in 2022, the return on investment in innovation
industries in Jamaica was higher than expected.178

3.138. Public funds for innovation are provided by the National Commission on Science and
Technology (NCST) through the Technology Transfer Fund that finances up to 60% of the projects.
Financing is available only to finance projects related to commercial activities.179 Fiscal incentives
are nonetheless provided to R&D projects regardless the type of activities. Imports to be used in
NCST-registered R&D projects are exempt from customs duties and GCT; projects may benefit from
the tax incentives regardless their development stage.180

3.139. Over the review period, the use of patent protection remained low (Chart 3.4). The
implementation of the Patents and Design Act, 2020, which, in 2022, introduced a new protection
regime for patents and allowed inventions to be protected as utility models, along with Jamaica's
accession to the Patent Cooperation Treaty (PCT), may help foster R&D. Residents mainly use the
protection system for industrial designs and trademarks (Chart 3.4). This shows that commercial
activities are important in Jamaica. In this context, the relevance of business activities linked to the
cultural and creative industries (CCIs) is also reflected by the royalties paid to, inter alia, local
authors, composers, and performers.181 Estimates suggest that the Jamaican CCIs contribute to
5.2% of GDP and 3% of employment.182

174
Integrity Commission Act, 2017.
175
PPA, 2015, Section 56(1)(c) and (2); and Public Procurement Regulations, 2018, Section 19.
Bid rigging and collusive tendering, which are anti-competitive practices prohibited per se, are also sanctioned
under the Fair Competition Act, 1993.
176
Planning Institute of Jamaica (2009), Vision 2030 Jamaica: National Development Plan. Viewed at:
https://www.pioj.gov.jm/policies/vision-2030-jamaica-the-national-development-plan/.
177
Ministry of Science, Energy, and Technology (2022), The National Science, Technology and
Innovation Policy Catalysing National Development. Viewed at: https://www.mset.gov.jm/wp-
content/uploads/2022/09/National-ST-I-Policy-2022-v2.pdf.
178
WIPO (2022), Global Innovation Index: Jamaica. Viewed at:
https://www.wipo.int/edocs/pubdocs/en/wipo_pub_2000_2022/jm.pdf.
179
Financing consists of grants, loans, and equity financing. A non-refundable commitment fee of 1% of
the loan/grant amount is charged. NCST, Programmes. Viewed at: https://ncst.gov.jm/programmes/.
180
For further details, refer to NCST, R&D Tax Incentive Scheme. Viewed at:
https://ncst.gov.jm/programmes/r-d-tax-incentive-scheme/.
181
For instance, in 2018, royalties paid by the Jamaica Association of Composers, Authors, and
Publishers (JACAP) amounted to JMD 134.2 million, of which 10.3% was collected abroad. Nordicity for Jamaica
Business Development Corporation and British Council (2021), Mapping of Jamaica Cultural & Creative
Industries. Viewed at: https://www.jbdc.net/knowledge/mapping-of-jamaica-cultural-creative-industries/.
182
Nordicity for Jamaica Business Development Corporation and British Council (2021), Mapping of
Jamaica Cultural and Creative Industries. Viewed at: https://www.jbdc.net/knowledge/mapping-of-jamaica-
cultural-creative-industries/.
- 64 -

Chart 3.4 IP data protection, 2017-22


(Number)
PATENT APPLICATIONS PATENT GRANTS

Resident Non-resident Resident Non-resident

53
60 10
57 51
47
3

26 11
11 14 16 2 2 2
10 8 1 1

2017 2018 2019 2020 2021 2022 2017 2018 2019 2020 2021 2022

IN DUS TRI AL DESIGN A PPL ICA TIONS INDUS TRI AL DESIGN REGISTRATIONS

Resident Non-resident Resident Non-resident

6 17
3
27
7 3
37

12
7 6
204 211 129
6 116 117 111
154
128 114 70
94
38

2017 2018 2019 2020 2021 2022 2017 2018 2019 2020 2021 2022

TRAD EMARK AP PLI CAT IONS TRAD EMARK RE GI STRATIONS

Resident Non-resident Resident Non-resident

2,704 1,483 2,010


1,612 1,289
1,576 2,075 1,265
1,347 1,442 1,119

886

1,151 1,122 1,332 1,263 1,014 1,019


974 902 815 848 771
587

2017 2018 2019 2020 2021 2022 2017 2018 2019 2020 2021 2022

Source: WIPO IP Statistics Data Centre. Viewed at: https://www3.wipo.int/ipstats/key-search/indicator.

3.140. Since its last Review in 2017, Jamaica substantially modified its IPR regime regarding both
the legislative and institutional frameworks. It introduced substantial legal changes to comply with,
according to the authorities, commitments under multilateral trade agreements and to offer higher
levels of protection to contribute to innovation and creativity. Consequently, the Patents and Designs
Act, 2020, a new piece of legislation that repealed two outdated Acts the Patents Act, 1857 and
the Designs Act, 1937 came into force in 2022 (Table 3.13). According to the authorities, the Act
is fully compliant with the WTO Intellectual Property Rights (TRIPS) Agreement.183 Moreover, the
legislation on trademarks, geographical indications (GIs), and copyright and related rights was
amended. The changes to the Jamaican legal IP framework also provided for the implementation of
the WIPO-administered Hague Agreement (industrial designs), Madrid Protocol (trademarks), and
Patent Cooperation Treaty (PCT).184 During the review period, Jamaica did not submit any IP-related
notifications to the WTO.

183
As of late 2023, Jamaica had yet to accept the Protocol Amending the TRIPS Agreement. WTO
document IP/C/97, 9 November 2023.
184
Jamaica also implements the Berne Convention, the Brussels Convention, the Nairobi Treaty, the
Nice Agreement, the Paris Convention, the Phonograms Convention, the Rome Convention, the Vienna
Agreement, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. Jamaica is a
signatory to, but has not enforced, the Beijing Treaty on Audiovisual Performance.
- 65 -

Table 3.13 Overview of IP legislation, 2017-23


(Changes introduced over the 2017-23 period are highlighted in grey)
Main legislation Rules, regulations, and orders
Patents Patent Act, 1857 (as amended in 1974 n.a.
and 1975. Repealed in 2022)
Patents and Designs Act, 2020 n.a.
Industrial designs Designs Act, 1937 (as amended in 1975. Designs Rules, 1937 (as amended in 1983)
Repealed in 2022)
Patents and Designs Act, 2020 n.a.
Trademarks Trademarks Act, 1999 (as amended in Trademarks Rules, 2001 (as amended in 2011
2011 and 2021) and 2022)
GIs Protection of Geographical Indications Protection of Geographical Indications
Act, 2004 (as amended in 2018) Regulations, 2009
Layout-designs of Layout-Designs (Topographies) Act, n.a.
integrated circuits 1999
Copyright and related Copyright Act, 1993 (as amended in Copyright (Designation of National Cultural
rights 2015 and 2023) Events) Order, 2003
Television and Sound Broadcasting Regulations,
1996
Copyright (Customs) Regulations, 1995
Copyright (Specified Countries) (No. 2) Order,
1994
Copyright (Specified Countries) Order, 1994
Copyright (Educational Establishments) Order,
1993
Copyright (Librarians and Archivists) (Copying of
Copyright Material) Regulations, 1993
Copyright (Recording for Archives) (Designated
Bodies) Order, 1993

n.a. Not applicable.


Source: WIPO, Jamaica. Viewed at: https://www.wipo.int/wipolex/en/members/profile/JM.

3.141. Regarding IPR administration, the Jamaica Intellectual Property Office (JIPO) remains
Jamaica's IP office. Since 2022, it has been fully responsible for patents. Previously, patent
applications were received in JIPO but examined and approved by the Attorney General, and patents
were granted by the Governor-General.185

3.142. Jamaica has no specific legislation to protect trade secrets. They are protected by contractual
obligations. In case of infringement, interested parties may resort to the common law approach;
therefore, court proceedings may be initiated against disclosure of confidential information, based
on breaches of confidence and/or contractual obligations.

3.143. Plant breeder's rights are still not protected in Jamaica. A New Plant Varieties (Rights of
Breeders) Bill, 2021, which appears to comply with the 1991 Act of the UPOV Convention, was being
reviewed in 2023.186 Jamaica's National Seed Policy and Action Plan (2018-2028) indicates that the
adoption of a protection system is vital to develop better plant varieties in Jamaica.187

3.144. Under the Patents and Design Act, 2020, Jamaica recognizes the international exhaustion of
patent rights (Section 63) and industrial design rights (Section 96(4)); neither the Patents Act, 1857
nor the Designs Act, 1937 contained explicit provisions on international exhaustion. Regarding
trademarks, Jamaica continues to allow parallel imports of trademarked goods. However, with
regards to trademarked goods, the rights holder (or the licensee) may oppose the transaction by
submitting a written request to the Jamaica Customs Agency (JCA); imports would therefore be

185
MIIC (2022), "New Changes to Jamaica's Intellectual Property Landscape", 18 March. Viewed at:
https://www.miic.gov.jm/content/new-changes-jamaicas-intellectual-property-landscape.
186
Information provided by the authorities; and UPOV, Examination of the Conformity of the New Plant
Varieties (Rights of Breeders) Bill, 2021, of Jamaica with the 1991 Act of the UPOV Convention. Viewed at:
https://www.upov.int/meetings/en/doc_details.jsp?meeting_id=60600&doc_id=552632. For further details on
the Bill, refer to JIPO (2022), "Plant Breeders Rights" in IP and Youth: Innovating for a Better Future.
Viewed at: https://www.jipo.gov.jm/sites/default/files/IPWeek2022/Feature%20Layout%20IP%20Week%
202022_compressed.pdf.
187
Ministry of Industry, Commerce, Agriculture and Fisheries (undated), National Seed Policy and Action
Plan (2018-2028). Viewed at: https://www.moa.gov.jm/sites/default/files/pdfs/National%20Seed%20
Policy%20and%20Action%20Plan%20%5BGreen%20Paper%5D.pdf.
- 66 -

treated as prohibited imports under the Customs Act.188 Jamaica's legislation does not recognize the
international exhaustion of copyright works.189 National exhaustion is provided for under the
Layout-Designs (Topographies) Act, 1999 (Section 13).

3.145. The Patents and Design Act, 2020 stipulates that compulsory licences are non-exclusive if
they are granted to a user in another WTO Member.190 The Patents Act, 1857 did not explicitly
contain provisions related to compulsory licensing. No compulsory (non-voluntary) licences were
requested from or granted by the Supreme Court during the review period.

3.146. Since the entry into force of the Patents and Design Act, 2020, new criteria and terms of
protection have applied (Table A3. 5), including (i) the criteria of absolute novelty replaced that of
local novelty191; (ii) industrial designs must have individual characters (previously, they had to be
original)192 and must not be contrary to public order or morality (previously they could not be
scandalous or contrary to law or morality); and (iii) the term of protection was set at a maximum of
20 years from the filling date for patents (up from 14 years, extendable once for 7 years) and for
industrial designs, an initial 5-year period of protection is granted, which may be extended for two
consecutive 5-year periods (previously, protection was granted for a non-renewable 15-year period).
The Patents and Design Act, 2020 also incorporated exclusions, e.g. inventions related to plants and
seeds, or to computer programs. The Act also provides for the research exemption for patents
(Article 64(1)(a)).

3.147. The Act also promotes innovation by introducing utility model protection and other
provisions. Therefore, inventions that do not meet the criteria of inventiveness but are new and have
an industrial application can be protected for a maximum of 10 years. The conversion of patent
applications into utility model applications (and vice versa) is also allowed (but only once).193

3.148. With regards to the patenting process, several changes were introduced: (i) publication was
simplified and associated costs reduced to zero for applicants, as the JIPO publishes the applications
in its monthly journal (previously, applications were advertised by the applicants simultaneously in
a local newspaper and the Gazette for one month)194; (ii) applicants may claim priority date (new
feature); (iii) applicants may file voluntary divisional applications (new feature); (iv) applications
may be amended (subject to fees) at any time before and after the patent is granted (new feature);
(v) patent applications may be opposed by third parties; and (vi) the grounds and the timeframe for
claiming patent revocation were specified. In addition, since 2022, the rights holder must pay an
annual maintenance fee to keep a patent in force, otherwise it lapses (previously, only application
fees were charged).195

3.149. Since its previous Review in 2017, Jamaica also revised both the Trademarks Act, 1999 and
the Trademarks Rules, 2001. The amendments, which came into force in 2022 and 2023,
respectively, were required to allow for the international registration of trademarks under the Madrid

188
Trademarks Act, Section 66(1)(c).
189
Copyright Act, 1991, Section 31(2).
190
Patents and Designs Act, 2020, Section 46(6).
191
"Local novelty" required that inventions and industrial designs were not known or used in Jamaica.
"Absolute novelty" requires that inventions and industrial designs are not known nor used in the world;
however, the Act allows for a 12-month grace period, within which absolute novelty is preserved even though
inventions or industrial designs are disclosed, either by the inventor (e.g. at an exhibition) or a third party (in a
breach of confidence or unlawful disclosure). Patents and Designs Act, 2020, Sections 5 and 83.
192
Industrial designs are original if they are not substantially copied. They have individual characters if
they differ in essential features from previously known designs. JIPO (2021), Industrial Design Protection in
Jamaica. Viewed at: https://internationalipcooperation.eu/sites/default/files/caripi-
docs/CarIPI_mar2021_Presentation1_JIPO%20experience%20in%20design%20examination_Adrienne%20Tho
mpson_5%20Mar%202021.pdf.
193
Patents and Designs Act, 2020, Section 76.
194
The authorities indicate that the JIPO does not have Patent Prosecution Highway arrangements with
IP offices abroad to fast-track the substantive examination of applications filed by non-residents.
195
MIIC (2022), "New Changes to Jamaica's Intellectual Property Landscape", 18 March. Viewed at:
https://www.miic.gov.jm/content/new-changes-jamaicas-intellectual-property-landscape; and LYSAGHT
(2022), "Jamaica Implementation of New Patents and Designs Act", 6 February. Viewed at:
https://www.lysaght.co.uk/blog-home/jamaica-implementation-of-new-patents-and-designs-act.
- 67 -

Protocol.196 The Act and Rules were also revised to incorporate best practices. As a result, applicants
may now formally request the JIPO to conduct a search before filing and advise on the availability
of the trademark (previously such requests were informally made).197 Applicants may also request
for an examination stage to be expedited, by paying additional fees.198 In addition, since 2023, the
protection was extended to new categories of non-traditional trademarks, including visible and non-
visible signs.199 Additional formal requirements were also established to register 3D and colour
marks.200 Both single and multi-class applications continue to be accepted by the JIPO. New
exclusions were also incorporated in 2023, such as the prohibition to register any trademarks that
mispresent or misappropriate traditional knowledge (TK) and traditional cultural expression (TCE)
of indigenous or local communities.

3.150. GIs are another area of Jamaica's IPR regime that was modified over the review period, with
the view to offering the same level of GI protection to all products and enhancing consumer
protection. Therefore, since 2018, Jamaica has extended the enhanced level of GI protection granted
to wines and spirits to all products.201 As such, it is prohibited to use terms such as "kind", "type",
"style", "imitation", "comparable to", or similar with all registered GIs in Jamaica.202 Jamaica has
three GIs: Blue Mountain Coffee, Jamaican jerk, and Jamaican rum.

3.151. Jamaica's copyright regime has also been amended since Jamaica's previous Review with a
view to providing greater access to copyright works to users with visual or hearing disabilities.203 In
addition, to make copyright works accessible to users who are blind or have a visual disability, the
Jamaica Society for the Blind (JSB) still participates jointly with WIPO and 126 other associations in
the Accessible Book Consortium (ABC). ABC is a global book service that allows the JSB to access a
free, online catalogue of nearly 140,000 books, add them to its collection, and make them available
at no cost to its members.204

3.152. Administrative measures against IPR infringement cannot be initiated with the JIPO; only
court proceedings may be initiated. In addition, initiations must be introduced by the rights holder
or the licensee or their representative; the Attorney General is not empowered to do so. 205 Most
court proceedings are taken to the Supreme Court, although inferior courts, such as the Parish
Courts, the Revenue Court, and the Commercial Court, may also deal with the matter.206 In an
ongoing judicial proceeding, the court may impose provisional measures to prevent IPR
infringement, e.g. interlocutory injunctions (trademarks, and copyright and related rights) or
detention (trademarks).207 Decisions may be challenged in the Court of Appeal. Conciliation may be
used by the parties as an alternative proceeding.

196
Trademarks Act, 1999, Sections 26(A) to 26(O) as incorporated by the Trademarks (Amendment)
Act, 2022; and Trademarks Rules, 2001, Sections 50(A) to 50(C) as incorporated by the Trademarks
(Amendment) Rules, 2023.
197
Trademarks Rules, 2001, Section 37(A) as incorporated by the Trademarks (Amendment)
Rules, 2022.
198
Trademarks Rules, 2001, Section 5(A) as incorporated by the Trademarks (Amendment)
Rules, 2022.
199
Visible signs: holograms, motion, multimedia, and pattern marks. Non-visible signs: sounds, and
olfactory, taste, and tactical marks. Trademarks Act, 1999, Section 5(2) as amended by the Trademarks
(Amendment) Rules, 2022.
200
Since 2023, applicants have had to provide a photographic reproduction and a 3D
computer-generated image to register 3D marks and use colours contained in internationally recognized
identification system to register colour marks. Trademarks Act, 1999, Section 5(2) as amended by the
Trademarks (Amendment) Rules, 2022.
201
Geographical Indication (Amendment) Act, 2018; and Statement by Jamaica to the Assemblies of the
Member States of WIPO 58th Series of Meetings, 24 September-2 October 2018. Viewed at:
https://www.wipo.int/edocs/mdocs/govbody/en/a_58/a_58_stmt_jamaica.pdf.
202
If a GI is used with these terms, GI owner may initiate a proceeding in the Supreme Court.
Geographical Act, 2004, Section 3(1)(c) as amended by the Geographical Indication (Amendment) Act, 2018.
203
Copyright (Amendment) Act, 2023; and JIS (2023), "House Approves Amendment of Copyright Act",
8 June. Viewed at: https://jis.gov.jm/house-approves-amendment-of-copyright-act/.
204
WIPO document MVT/A/8/INF/1, 28 June 2023. Viewed at:
https://www.wipo.int/edocs/mdocs/govbody/en/mvt_a_8/mvt_a_8_inf_1.pdf.
205
Information provided by the authorities.
206
WTO document IP/N/6/JAM/1, 8 October 2001.
207
Information provided by the authorities.
- 68 -

3.153. IPR enforcement at the border is executed by the Border Protection Unit of the Jamaican
Customs Administration (JCA).208 The Joint Enforcement Intelligence Task Force is composed of the
JCA, the Policy, and the Port Authority.209

3.154. At the border, the JCA upon a written request by the rights holder (or the licensee or their
representative) detains goods that allegedly infringe IPRs. It can also act ex officio, although the
Customs Act does not compel the JCA to take action.210 The goods are retained for a maximum of
five days to allow the rights holder (or the licensee or their representative) to initiate a court
proceeding; if no proceedings are initiated, the goods are released. Over the review period,
cigarettes and footwear were the most common counterfeited goods detained by the JCA.211
Infringing goods are either destroyed (most common practice) or donated.

3.155. Inspections in the domestic market to withdraw counterfeited or pirated goods are
implemented by the Jamaica Constabulary Force (JCF), through the Counterterrorism and Organized
Crime (C-TOC) Investigation Division. The authorities indicate that consumers can report
infringement to the C-TOC.

3.156. To protect their work in the digital environment, right holders may use technological
protection measures, such as digital locks.212

3.157. Consumer education is vital to raise further awareness on the adverse impact of piracy and
counterfeiting.213 According to the authorities, since 2017, to promote IPRs, JIPO has focused its
outreach activities on webinars and mass media messages (on radio and newspapers). In addition,
the JCA launched capacity-building initiatives on IP enforcement for customs officers and promoted
these initiatives with rights holders.214

208
JCA, Border Protection Unit. Viewed at: https://www.jacustoms.gov.jm/branch/border-protection-
unit.
209
Nicely A. (2019), Intellectual Property and the Jamaica Customs Agency Our Reality. Viewed at:
https://ipca.website/wp-content/uploads/2019/08/INTELLECTUALPROPERTYANDTHE-
PRESFORIPRSEMINARMARCH192Read-Only1.pdf.
210
WTO document WT/TPR/M/359/Add.1, 19 February 2018.
211
Information provided by the authorities.
212
Information provided by the authorities.
213
Nicely A. (2019), Intellectual Property and the Jamaica Customs Agency Our Reality.
214
Nicely A. (2019), Intellectual Property and the Jamaica Customs Agency Our Reality.
- 69 -

4 TRADE POLICIES BY SECTOR

4.1 Agriculture, forestry, and fisheries

4.1. The contribution of the agricultural sector (including agriculture, forestry, and fisheries) to GDP
increased, from 6.6% in 2017 to 9.0% in 2023. The agricultural sector remains a major generator
of employment. Most of the rural population depends on agriculture, hence the sector's importance
in generating income and enhancing food security. However, since 2017, there has been a decrease
in the percentage of the labour force employed in the sector, reflecting the impact of an ageing
population in rural areas and migration out of this sector (Table 4.1).

Table 4.1 Agriculture, forestry, and fishing sector indicators, 2017-22


2017 2018 2019 2020 2021 2022
Agriculture, forestry and fishing
Share of GDP (%) 6.6 6.6 7.0 8.7 8.3 8.1
Real growth rate (%, at constant 2007 prices) -3.5 4.1 0.4 -1.1 7.1 8.5
Employment (% of employed labour force)a,b 16.8 16.2 15.1 15.8 15.7 14.9
Trade agriculture (WTO definition)
Exports
Value (USD million) 329.8 323.9 346.9 357.9 401.8 422.0
Share of total exports (%) 24.2 16.5 21.0 28.6 27.1 22.2
Growth rate (%) 7.0 -1.8 7.1 3.2 12.3 5.0
Top 5 products, by HS chapter (% of agriculture exports)
22. Beverages, spirits and vinegar 34.2 34.8 37.2 35.8 36.5 36.9
07. Edible vegetables, certain roots and tubers 11.1 11.4 11.0 12.7 11.6 10.8
21. Other edible preparations 8.6 8.9 9.5 11.4 11.4 10.5
20. Preparations of vegetables, fruit, nuts, other parts of plants 9.1 9.4 9.9 10.3 10.7 10.2
19. Preparations of cereals, flour, starch or milk 6.5 6.5 7.1 7.9 7.5 8.3
Imports
Value (USD million) 907.7 950.7 1,069.4 959.6 1,183.5 1,515.1
Share of total imports (%) 16.4 15.4 16.7 20.1 19.8 19.6
Growth rate (%) 1.7 4.7 12.5 -10.3 23.3 28.0
Top 5 products, by HS chapter (% of agriculture exports)
10. Cereals 14.9 14.6 15.0 15.3 17.0 17.5
21. Other edible preparations 12.3 14.5 15.4 16.7 15.8 14.1
22. Beverages, spirits and vinegar 12.6 11.2 10.4 8.6 10.0 11.1
20. Preparations of vegetables, fruit, nuts or other parts of plants 8.7 8.7 8.9 8.0 7.3 8.0
04. Dairy produce; birds' eggs; honey; products of animal origin 4.9 6.6 7.6 7.1 6.9 7.8
Exports
Value (USD million)
Fish and fish products 14.7 11.4 11.7 12.1 20.7 15.3
HS 03 Fish, crustaceans, and molluscs 13.5 10.5 11.2 11.2 19.4 14.8
HS 16 Preparations of fish, crustaceans, and molluscs 1.1 0.9 0.5 0.8 1.3 0.5
Share of total exports (%)
Fish and fish products 1.1 0.6 0.7 1.0 1.4 0.8
HS 03 Fish, crustaceans, and molluscs 1.0 0.5 0.7 0.9 1.3 0.8
HS 16 Preparations of fish, crustaceans, and molluscs 0.1 0.0 0.0 0.1 0.1 0.0
Share of manufacture exports (%)b
Fish and fish products 1.8 0.8 1.3 1.9 3.2 2.0
HS 03 Fish, crustaceans, and molluscs 1.7 0.8 1.2 1.8 3.0 1.9
HS 16 Preparations of fish, crustaceans, and molluscs 0.1 0.1 0.1 0.1 0.2 0.1
Imports
Value (USD million)
Fish and fish products 111.3 118.2 126.9 110.9 131.1 159.6
HS 03 Fish, crustaceans, and molluscs 61.3 66.3 76.2 62.7 68.1 89.1
HS 16 Preparations of fish, crustaceans, and molluscs 49.4 51.4 50.4 47.7 62.7 69.9
Share of total imports (%)
Fish and fish products 2.0 1.9 2.0 2.3 2.2 2.1
HS 03 Fish, crustaceans, and molluscs 1.1 1.1 1.2 1.3 1.1 1.2
HS 16 Preparations of fish, crustaceans, and molluscs 0.9 0.8 0.8 1.0 1.1 0.9
Share of manufacture imports (%)c
Fish and fish products 3.3 3.2 3.4 3.7 3.7 3.7
HS 03 Fish, crustaceans, and molluscs 1.8 1.8 2.0 2.1 1.9 2.1
HS 16 Preparations of fish, crustaceans, and molluscs 1.5 1.4 1.3 1.6 1.8 1.6

a Agriculture, hunting, forestry, and fishing.


b Data up to 2023 third quarter.
c Manufacture excluding petroleum products.
Source: Statistical Institute of Jamaica (STATIN), pages on national accounts and labour force statistics.
Viewed at: https://statinja.gov.jm/; and data provided by the authorities.
- 70 -

4.2. During the period under review, the sector experienced erratic growth because of the negative
impact of the COVID-19 pandemic on the economy as a whole as well as adverse weather events
such as drought, torrential rainfall, and high temperatures triggered by climate change that have
frequently impacted the agricultural sector. Resumed growth, in 2021 and 2022, could be attributed
to the implementation of different programmes to support farmers, including through extension
services, irrigation, and marketing, and a greater demand mainly from the tourism and hospitality
sector. Nevertheless, challenges remain. According to the authorities, the main constraints to the
development of the agriculture sector are climate change, low labour productivity, migration, lack
of financing, the poor quality of infrastructure (i.e. roads, irrigation equipment, transportation, and
storage facilities), and the prevalence of pest and diseases.

4.3. Jamaica is a net importer of agricultural products. The agricultural trade balance is in deficit
and deteriorated throughout the review period, increasing from USD 577.9 million in 2017 to
USD 1,093.1 million in 2022, due mainly to rising food prices in international markets. During the
review period, imports of cereals, the main imports (except in 2020), increased, accounting for
14.9% and 17.5% of total agricultural imports in 2017 and 2022, respectively, followed by other
miscellaneous preparations (12.3% in 2017 and 14.1% in 2022). Beverages (mostly rum), spirits,
and vinegar were Jamaica's main agricultural exports during the review period, accounting for 34.2%
of total agricultural exports in 2017 and 36.9% in 20221, followed by edible vegetables, certain roots
and tubers, and other edible preparations. The share of coffee, another traditional export, in total
agricultural exports declined from 7% in 2017 to 5.4% in 2022.2 The United States is the main
market for both exports and imports of agricultural products.

4.4. As fishing is subsumed within the larger category of agriculture, fishing, and forestry, it is
difficult to assess its contribution to GDP. Fish, crustaceans, and molluscs, which are produced in
aquaculture farms, are considered as some of Jamaica's non-traditional exports with the most
potential.3 However, during the 2017-22 period, the deficit in fish trade balance increased from
USD 96.6 million in 2017 to USD 144.3 million in 2022. This could be attributed to challenges related
to aquaculture farming practices, lack of certification, and shortage of primary inputs.

4.5. Agricultural policy objectives have remained consistent since 2017. Jamaica's overall goal is to
develop a competitive, diversified, sustainable, and market-oriented agricultural sector that can deal
with risk, including environmental and natural disasters, and contribute to a resilient food safety
system, to ensure food security through sustainable use of agricultural and fisheries resources. In
recent years, due the growing challenges posed by climate change, Jamaica has emphasized
resilience and climate change adaptation.4 Jamaica also aims to create further linkages between
agriculture and tourism, as well as support SMEs and women entrepreneurs. At the time of the
previous Review, the ministry in charge of the sector had drafted several policies, in addition to the
overarching agricultural policy, most of which were not implemented. Others are being redrafted to
meet current challenges. (Table 4.2).

Table 4.2 Agricultural policies, 2024


Policy Status
Banana Policy Not in force/No new policy is being developed.
A new policy, the National Livestock Development Policy, is being drafted to
Medium-Term Policy Framework for
transform the Jamaica Dairy Development Board (JDDB) into a National
the Cattle Sector
Livestock Development Board.
National Organic Agriculture Policy
The Plan is being drafted.
and Implementation Plan
National Fisheries and Aquaculture The Policy is being revised by the National Fisheries Authority to ensure
Policy relevance and adaptability to challenges and opportunities.
The Policy is being revised. Its main objective is to ensure effective land
Agriculture Land Use Policy
administration, including sustainable management of prime agricultural lands.
National Seed Policy and Action The Policy is being implemented. Its main objective is to ensure the availability
Plan of high-quality seed to end users.

Source: Information provided by the authorities.

1
Rum (HS2208.40) accounted for 12.5% of agricultural exports in 2017 and 13.4% in 2022.
2
Based on data provided by the authorities.
3
Jamaica National Export Strategy. Viewed at: https://dobusinessjamaica.com/wp-
content/uploads/2021/01/NationalExportStrategyJamaica.pdf.
4
Ministry of Agriculture and Fisheries (2021), Performance Report 2020-2021.
- 71 -

4.6. During the period of review, Jamaica amended and repealed several acts, to update and
rationalize the body of legislation that regulates the agriculture sector (Table 4.3). For instance, the
Cocoa Industry Board Act, the Coffee Industry Regulation Act, and the Coconut Industry Control Act
(regulatory functions) were replaced by the Jamaica Agricultural Commodities Regulatory Authority
(JACRA) Act, 2018. In 2017, Jamaica also enacted a new Fisheries Act that replaced the Fishing
Industry Act. The sector is also regulated by the national and regional legislation that governs animal
health, plant protection, and food safety (Table 4.3). This body of legislation is also under review.

Table 4.3 Main legislation governing agricultural sector, 2024


Law Synopsis
Agricultural Produce Act, 1926 Provides for the public control of trade in agricultural produce.
Agricultural Commodities
Regulatory Authority (JACRA) Act, Establishes the JACRA and defines its functions and powers.
2018a
Establishes the Sugar Industry Authority and provides for the control of
Sugar Industry Control Act, 1937
the industry and trade in sugar.
Sugar Industry Control
Implements the provisions of the Sugar Industry Control Act.
Regulations, 1943
Coconut Industry Control Act, Establishes the Coconut Industry Board; the Board controls production
1945 and trade in coconut and products thereof.
Coconut Industry Control
Implements the provisions of the Coconut Industry Control Act.
Regulations, 1945
Coconut Industry Control (Cess)
Imposes a cess on imports and domestic sales of coconut products. The
Regulations, 1999 (No. 63 of
cess is paid to the Coconut Industry Control Board.
1999)a
Establishes the Banana Board; its functions include, inter alia, trading
Banana Board Act and securing favourable arrangements; promoting R&D; and preventing
and eradicating plant diseases.
Jamaica Dairy Development Board
Establishes the JDDB; it regulates the sector and related matters.
(JDDB) Act, 2009
Establishes the Agro-Investment Corporation; its duties include,
Agro-Investment Corporation Act
inter alia, to facilitate the development of agriculture and the processing
(Cap. 3), 1960
and marketing of products.
Defines agricultural produce as "livestock, poultry, fish and the produce
of any plant or animal".
The Corporation's new functions include the provision of adequate
Agro-Investment Corporation Actb marketing outlets for agricultural produce; sale of agricultural produce;
collection, transportation, storage, grading, packaging, and processing
services for agricultural produce; and may import and export agricultural
produce.
Lays down rules for the effective management and sustainable
development of fisheries, aquaculture, and other related activities in
Fisheries Act, 2018c
accordance with ecosystem approach and internationally recognized
norms, standards, and best practices.

a The JACRA Act, 2018 repealed the Cocoa Industry Board Act, 1957; the Coffee Industry Regulation
Act, 1948; and Coconut Industry Control (Cess) Regulations, 1999, and amended the Agricultural
Produce Act, 1926 and the Coconut Industry Control Act, 1945. The cess on coconut and coconut
products is now governed by the Jamaica Agricultural Commodities Regulatory Authority (Cess)
Regulations, 2018.
b Amends the Agro-Investment Corporation Act (Cap. 3), 1960 and replaced the Agricultural
Marketing Act.
c The Fisheries Act, 2018 repealed the Fishing Industry Act.
Source: Compiled by the WTO Secretariat, based on information provided by the authorities and FAO,
FAOLEX.

4.7. The new Fisheries Act was promulgated to strengthen the regulatory framework and ensure
the implementation of the policies embedded in the National Development Plan (Vision 2030).
However, to implement some of the provisions of the Act, regulations related to, for instance, the
imposition of taxes/cess and prohibitions and/or restrictions on exports and/or imports, may be
needed.

4.8. The National Fisheries Authority (NFA) was established in 2019 under the Ministry of
Agriculture, Fisheries and Mining (MAFM), to facilitate the development of fisheries and aquaculture,
through the sustainable management of resources by ensuring the protection of aquatic
environment. According to the Fisheries Act, fisheries resources should be "managed as a renewable
- 72 -

asset so as to ensure utilization of the resources at optimum sustainable yield".5 The functions of
the NFA include allocating fish quotas; determining total allowable catch; imposing measures to
prevent, deter, and eliminate illegal, unreported, and unregulated (IUU) fishing; and granting
licences, authorizations, and/or permits.

4.9. The licence, authorization, or permit stipulates, inter alia, the type, method, and fishing gear;
the fishing areas; the period; and the species and quantities authorized. These conditions may be
changed or rescinded on environmental grounds (e.g. conservation of resources) or if the right is
misused. Licences, authorizations, or permits are not transferable. Under the Act, licences,
authorizations, or permits may be provided to foreign fishing vessels, under an access agreement
negotiated with foreign entities, which provides for the allocation of fishing rights and the
corresponding fees.6 The owner of a foreign fishing vessel must appoint a local agent prior to
requesting a licence. A commercial aquaculture licence is required to install or operate facilities or
to engage in commercial activities.

4.10. As of 2020, the Ministry in charge of the sector is the MAFM; previously it was the Ministry of
Industry, Commerce, Agriculture and Fisheries (MICAF).7 However, the Ministry's responsibilities
have not undergone a substantial change since 2017. Another institutional change that took place
during the review period was the establishment of the JACRA in 2018. As a result, the regulatory
functions for coffee, cocoa, coconut, and spices (e.g. pimento, turmeric, and ginger) were
transferred to the JACRA. Despite an attempt to rationalize the institutional framework, there remain
many institutions, that operate in the sector, some of which seem to have overlapping
responsibilities including those related to trading commodities, such as the different boards, the
Agro-Investment Corporation8, and the Jamaica Agricultural Society (JAS).9 The latter acts as an
umbrella organization for various commodity boards and associations.10 The JAS aims to ensure the
protection and promotion of farmers' interests, providing services to farmers and assisting them to
access resources provided by the Government and other agencies.

4.11. The Coconut Board, the Banana Board, and the Jamaica Dairy Development Board (JDDB) are
still operational. The role of these boards is to develop, regulate, and monitor the sector under their
purview, including trade. The Coconut Board may buy, sell, export, and dispose of coconuts and its
products. The Banana Board grants permits/licences to import and export fresh bananas, plantains,
and plant parts. The JDDB may recommend annual farm gate prices for milk; in 2022, the
recommended farm gate price for milk was JMD 111.09 per litre.11

4.12. In general, the production, distribution, domestic sales, and trade of agricultural goods
continue to be highly regulated in Jamaica. Licences are required to participate in each stage of the
production chain, including transportation, distribution, and trade. Licences are specific to the
activity and class of products, including those considered "specially protected produce".12 In addition,
the JACRA Act list the regulated agricultural commodities, which are cocoa, coconut, coffee, ginger,
nutmeg, pimento (including the wood and leaves of the pimento tree), turmeric, and any products
made thereof.13 The Act regulates their cultivation, manufacturing, distribution, and trade, as well
as the establishment and operation of the farms, production grounds, or factories. Trade in regulated
agricultural commodities may be subject to, inter alia, licences, certificates (i.e. to attest quality and

5
Fisheries Act, 2018.
6
Jamaican vessels require either a commercial licence or a high seas fishing vessel licence.
7
The Ministry's configuration changed in 2020 when the industry and commerce portfolio was removed,
and the mining portfolio was added in 2023. Information provided by the authorities.
8
JIS, Agro-Investment Corporation. Viewed at: https://jis.gov.jm/government/agencies/agro-
investment-corporation/.
9
Jamaica Agricultural Society Act, 1941.
10
These include the Jamaica Citrus Growers Association, Pimento Growers Association, All Island Cane
Farmers Association, Coconut Industry Board, All Island Banana Growers Association, Jamaica Livestock
Association, Sugar Industry Authority, Jamaica Goat & Sheep Farmers Association, and the Jamaica Fishermen
Cooperative Society. JAS, About Us. Viewed at: https://jas.gov.jm/about_us.html.
11
Recommended farm gate prices for milk are published in the Jamaica Gazette. Jamaica Gazette
Extraordinary, 9 February 2022, No. 38A. Viewed at: https://www.jddb.gov.jm/sites/default/files/page-
files/1400-12/Jamaica%20Gazette%20Extraordinary%20Government%20Notice%20Farm%20
Gate%20Price%202022%20%281%29.pdf.
12
Products are listed and the different licences are set out in the Schedule to the Agricultural Produce
Act, 1926.
13
JACRA Act, First Schedule (Sections 2 and 36(b)).
- 73 -

food safety standards)14, and/or quotas; producers and traders require authorizations and licences.
Other commodities that remain regulated by specific laws are, inter alia, sugar and dairy products.
Under the Sugar Industry Control Act, the Sugar Industry Authority monitors and controls the sugar
industry, organizes the processing and marketing of sugar and molasses in the local market and
abroad, establishes import prohibitions (sugar) and issues import licences (raw sugar), establishes
quotas for local consumption and exports, determines the allocation of export quotas and prices,
and collects the sugar cess used to finance the Sugar Industry Authority. The
manufacturers/factories pay cess on a proportional amount to their production.

4.13. The Government also intervened in the sugar sector through SCJ Holdings Limited, a wholly
owned government company responsible for the government-owned sugar estates. The estates have
been leased to or purchased by private entities, and SCJ provides land management services to
foster sustainable economic growth.15

4.14. In addition to the aforementioned regulation, average tariff protection for agricultural
products (WTO definition) remains substantially higher, at 20.8%, than average protection for
non-agricultural products, which was 8.1% in 2023 (Table 3.3). For agricultural products, the tariff
rates ranged from 0% to 100%. Agricultural products (WTO definition) with relatively high average
tariffs include dairy products (31.8%); beverages, spirits, and tobacco (29.3%); and fruits,
vegetables, and plants (26.9%); non-agricultural products include fish and fishery products (31.0%)
(Table A3. 1). The highest tariff rates of 50%, 75%, and 100%, which affect 0.5% of all tariff lines,
apply mainly to agricultural products.16 The General Consumption Tax (GCT) is zero-rated for specific
inputs used for agriculture and fisheries17, and some basic food items are exempt.18 A cess is
imposed on imports and domestic sales of coconut products and is paid to the Coconut Industry
Control Board.19

4.15. Jamaica applies no taxes or levies on exports, except for the export levy on conch
(HS 0508.00).

4.16. Import and export prohibitions, restrictions, or licences may be imposed (i) on agricultural
products on the grounds of protecting health and food safety for humans, plants, and animals;
safeguarding the environment; and ensuring food security; or (ii) under international conventions
(Box 3.1). Some of the products that bear tariffs equal to or above 30%, such as milk and cream
products (HS 0402.10.00 (30%), 0402.21.00 (50%), and 0402.29.00 (50%)), and refined sugar
(HS 1701.99.90 (40%)), also require import licences, while others, such as parts of plants for
perfume and pharmaceutical purposes (HS 1211.90.90 and 1301.90.90) with a 0% tariff rate,
require import licences for purely regulatory reasons. Some 19.9% of the total number of agricultural
tariff lines (1,453 tariff lines at 10-digit level) require export licences, permits, or certificates, some
of which are required to comply with international standards or conventions (Table A3. 3).20 Jamaica
maintains an export quota for conch (HS 0508.00), which is allocated through an export licensing
system.21 The exploitation of conch continues to be regulated due to heavy poaching and IUU fishing.
In 2019 and 2020, exploitation was forbidden; the exploitation reopened, in 2021, but Jamaica put
in place strict no-harvesting zones, and established a quota of 300 metric tonnes. According to trade
data provided by the authorities, since 2018, Jamaica has not exported conch (HS 0508.00), and
the value of conch exports in 2016 and 2017 was insignificant.

4.17. In addition to the products already mentioned, JACRA also issues import and export permits
and/or licences for the so-called regulated agricultural commodities and products made thereof and
for oil or fat-producing products (Table 4.4).

14
Schedule 6 sets out health and food safety standards with which a licensee shall comply.
15
SCJ Holdings, About Us. Viewed at: https://scjholdings.gov.jm/about-us/.
16
The rate of 50% applies to milk and cream products (HS 0402) (6 tariff lines); 75% to milk and
cream products (HS 0401) (12 tariff lines); and 100% to meat and edible offal of the poultry (HS 0207),
tomatoes (HS 0702), cabbages (HS 0704), lettuce (HS 0705), and carrots (HS 0706) (11 tariff lines).
17
Part II of the First Schedule of the General Consumption Tax Act (GCT Act) lists the zero-rated goods.
18
The Third Schedule of the GCT Act lists the goods and services that are exempt.
19
Coconut Industry Control (Cess) Regulations, 1999; and the Jamaica Agricultural Commodities
Regulatory Authority (Cess) Regulations, 2018.
20
Nine tariff lines (0.6% of total agricultural tariff lines) require an export licence; 248 tariff lines
(17.1%) require an export permit; and 32 tariff lines (2.2%) require an export certificate.
21
Endangered Species (Protection, Conservation and Regulation of Trade) Act.
- 74 -

Table 4.4 Products subject to import and export permit and/or licence issued by JACRA,
2023
Product group HS code Description
Imports
1801.00 Cocoa beans, whole or broken, raw or roasted
1802.00 Cocoa shell, husk, skins and other cocoa waste
1803.00 Cocoa paste, whether or not defatted
Cocoa
1804.00 Cocoa butter, fat and oil
1805.00 Cocoa powder, not containing added sugar or other
sweetening matter
0901.11 Coffee, not roasted: not decaffeinated
0901.12 Coffee, not roasted: decaffeinated
Coffee 0901.21 Coffee, roasted: not decaffeinated
0901.22 Coffee, roasted: decaffeinated
0901.90 Other coffee
0910.11 Neither crushed nor ground
Ginger
0910.12 Crushed or ground
Turmeric 0910.30 Turmeric
0908.11 Neither crushed nor ground
Nutmeg
0908.12 Crushed or ground
0904.11.00 Pepper, neither crushed nor ground
0904.12.00 Pepper, crushed or ground
Pimento
0904.21.20 Pimento (allspice), dried, neither crushed nor ground
0904.22.20 Pimento (allspice), crushed or ground
0801.11 Desiccated
Coconut
0801.12 In the inner shell (endocarp)
Oil or fat-producing items
1511.10 Crude oil
Oil palm 1511.90.10 Palm stearin
1511.90.90 Other
0802.11 In shell
Almonds
0802.12 Shelled
Avocado 0804.40 Avocado
1207.30 Castor oil seeds
Castor beans
1515.30 Castor oil and its fractions
1202.30.10 For sowing
Groundnut (peanut)
1202.30.90 Other
1207.10.10 Palm nuts and kernels: for sowing
1207.10.90 Palm nuts and kernels: other
Palm kernel
1513.21 Crude oil
1513.29 Other
1207.60.10 For sowing
Safflower seeds
1207.60.90 Other
1207.40 Sesamum seeds
Sesame seed
1515.50 Sesame oil and its fractions
Shea nut 0802.99 Other nuts
1201.10 For sowing
Soya beans 1201.90 Other
1208.10 Flour of soya beans
1206.00.10 For sowing
1206.00.90 Other
Sunflower seeds
1512.11 Crude oil
1512.19 Other
0709.92 Olives
1509.20 Extra virgin olive oil
Olives
1509.30 Virgin olive oil
1509.40 Other virgin olive oils
1005.10.00.90 Corn seed
Maize germs 1515.21 Crude oil
1515.29 Other
1205.10 Low erucic acid rape or colza seeds
1205.90 Other
Rapeseed/canola
1514.11 Crude oil
1514.19 Other
1204.00.10 For sowing
1204.00.90 Other
Linseed/flax seed
1515.11 Crude oil
1515.19 Other
- 75 -

Product group HS code Description


Exports
0904.11.00 Pepper, neither crushed nor ground
0904.12.00 Pepper, crushed or ground
Pimento
0904.21.20 Pimento (allspice), dried, neither crushed nor ground
0904.22.20 Pimento (allspice), crushed or ground
0908.11 Neither crushed nor ground
Nutmeg
0908.12 Crushed or ground
0910.11 Neither crushed nor ground
Ginger
0910.12 Crushed or ground
Turmeric 0910.30 Turmeric
0801.11 Desiccated
Coconuts
0801.12 In the inner shell (endocarp)
0901.11 Coffee, not roasted: not decaffeinated
0901.12 Coffee, not roasted: decaffeinated
Coffee 0901.21 Coffee, roasted: not decaffeinated
0901.22 Coffee, roasted: decaffeinated
0901.90 Other coffee
1801.00 Cocoa beans, whole or broken, raw or roasted
1802.00 Cocoa shell, husk, skins and other cocoa waste
1803.00 Cocoa paste, whether or not defatted
Cocoa
1804.00 Cocoa butter, fat and oil
1805.00 Cocoa powder, not containing added sugar or other
sweetening matter

Source: JACRA. Viewed at: https://jacra.org/divisions/spices/licensing-permits/.

4.18. The most recent notification from Jamaica related to export subsidies in the agricultural sector
dates back to 2017, when Jamaica notified that it provided no export subsidies during
FY2016/2017.22 In the context of this Review, the authorities note that in general Jamaica does not
provide export subsidies. During the COVID-19 pandemic, the export fees were reduced by 50% to
facilitate continued movement of goods.

4.19. The most recent notification from Jamaica related to its domestic support commitments dates
back to 2017, when Jamaica notified the programmes implemented for the FY2016/2017.23 The
programmes notified related to general services (i.e. R&D; extension and advisory services; and
plant quarantine and veterinary services). According to the authorities, there have been no changes
regarding these programmes, most of which are facilitated by the Rural Agricultural Development
Authority (RADA), except for those related to plant quarantine and veterinary services, which are
implemented by the Veterinary Services Division (VSD) and the Plant Quarantine/Production
Inspection (PQPI) Division of the MAFM. Thus, throughout the review period, farmers continued to
receive support in the areas of extension services, irrigation, and marketing. Training programmes
that include extension services and capacity-building are also provided to farmers.

4.20. In addition to these programmes, during the period under review, Jamaica also implemented
other agriculture support measures. The Production and Productivity Programme (or the Production
Incentive Programme (PIP)) is an initiative to improve productivity and promote rural development
through the expansion of sustainable agricultural production and the use of adaptable climate-smart
and resilient approaches. The programme seeks to rehabilitate and expand the production of
12 selected crops (i.e. yam, ginger, dasheen, lime, plantain, strawberry, onion, Irish potato, hot
pepper, cassava, pineapples, and cocoa), and small ruminants. These crops were chosen according
to domestic demand and export potential. The programme focuses on vulnerable groups within rural
communities and specific production zones and provides for the distribution of inputs (seeds and
agrochemicals) and extension services. Tools and equipment to reduce and/or speed up recovery
from the effects of climate change are also afforded.

4.21. In FY2020/21, the MAFM implemented an immediate response programme, the Agriculture
COVID-19 Recovery Project, composed of different initiatives. Two of the most important initiatives
were the Produce Acquisition Program (Buy-Back Programme) and the initiative to support the
resilience of the fisheries subsector. The other initiatives included those that provided support to
livestock farmers in the form of grants for the breeding of small ruminants and to farmers of
traditional export products, and those implemented to mitigate disaster risk through the adoption of

22
WTO document G/AG/N/JAM/15, 6 July 2017.
23
WTO document G/AG/N/JAM/16, 7 July 2017.
- 76 -

climate-smart production practices and technologies and to acquire equipment and develop
infrastructure.24

4.22. In 2020, support was also granted to the sector through the Produce Acquisition Program
(Buy-Back Programme), and other incentives for selected livestock farmers; sugar cane, cocoa, and
coffee farmers; and the egg and pork industries. The Buy-Back Programme was put in place as a
response to the COVID-19 pandemic, when communities were on lockdown, shops and markets were
closed and access was restricted, and the entire tourism and hospitality sector was shut down,
resulting in farmers having surpluses, which could neither be sold nor stored, and access to
consumers was not adequate. The Government engaged food distributors that could handle and
store large quantities of agricultural produce to go into farming communities to directly purchase
produce and sell it to consumers under controlled settings. Some produce was also donated as
emergency relief to communities that were under quarantine. Distributors were paid in advance so
that they could pay farmers immediately. The Government was repaid from the sales proceeds, less
an agreed percentage to cover the costs of distribution and of the wasted produce.

4.23. The COVID-19 pandemic disrupted fish production and its value chain due to the loss of both
local and overseas markets, and to the higher cost of imported inputs (e.g. mesh wire, fuel, and
chemicals required for aquaculture). According to the authorities, despite the negative impact of the
pandemic, the production chain remains functional as most small-scale fishers and fish farmers are
still able to produce. Bad weather also impacted production and costs, as fishers go offshore less
frequently and can lose their gear. Thus, in 2020, as a component of the COVID-19 emergency
response to the sector, support through the enhanced Fisheries Resilience Disaster Risk and
Mitigation Programme was provided to fishers who were not able to go to sea because of the
complete lockdown and to vulnerable fishing communities across the island. Fishers received grants
of JMD 15,000 and in-kind support, including equipment and support to develop infrastructure.

4.24. Jamaica is also implementing its Fisheries Development Programme through two
programmes, one to promote community-based climate resilience and the other to modernize the
licensing and registration systems to capture and/or produce fish.25 The objective is to enhance
resilience to climate change among targeted fishing and aquaculture communities.

4.25. In FY2020/21, the Ministry also provided support to selected livestock and commodities (sugar
cane, cocoa, coffee, and fruit trees) mainly by providing inputs (resilient cocoa seedlings and inputs
for coffee farmers) or land (to plant sugar cane) and repair to fruit tree nurseries, construction of
seedling houses, and procurement of tractors.

4.26. The Agricultural Competitiveness Programme Bridging Project (ACPBP) has also been in
operation to fully exploit the market potential of Jamaica's fresh produce and to increase productivity
in the Agro Parks. Jamaica has eight Agro Parks dedicated to vegetables, tubers, and tree crops,
complemented by nine production zones. Agro Parks encompass both public and private lands. To
operate in Agro Parks, investors must secure a land lease contract with the Agro-Investment
Corporation. Operators under this scheme receive a comprehensive package of benefits and
extension services. In the context of this Review, it was not possible to obtain data related to
volume/value of production, sales, and exports per commodity produced in the Agro Parks.

4.2 Mining

4.27. Mining continues to be a central pillar of the Jamaican economy. Jamaica has a range of
commercially exploitable minerals, including metallic minerals (including bauxite and gold),
non-metallic metallic minerals (clay, dolomite, gypsum, limestone, marble, sand and gravel, silica
sand, volcanic rocks, and shale), and semi-precious minerals. However, except for the
bauxite/alumina sector, most of Jamaica's minerals are in the early stages of development. Jamaica's
non-metallic minerals are used in their natural and processed state in construction or are almost
exclusively used in domestic cement production.26 The contribution of the sector to the economy,

24
MOAF, MoAF Annual Performance Report 2020/2021. Viewed at:
https://www.moa.gov.jm/sites/default/files/pdfs/MOAF-Annual-Performance-Report2020_21-
FinalMinisterbudgetspeechsigned.pdf.
25
MAFM, Priority Programmes. Viewed at: https://www.moa.gov.jm/content/priority-programmes.
26
IISD (2020), IGF Mining Policy Framework Assessment: Jamaica. Viewed at:
https://www.iisd.org/publications/report/igf-mining-policy-framework-assessment-jamaica.
- 77 -

which accounted for 2.3% of GDP in 2017 and 3.1% in 2018, declined due mainly to a drop in the
extraction of bauxite and the production of alumina, as some plants were closed, which has also
translated in a decline in exports of both. However, exports of alumina, despite its decline during
the review period from 4.8% of total exports in 2017 to 11.8% in 2022, remain important
(Table 4.5). In 2022, bauxite (HS 2606.00) was mainly exported to the United States and alumina
(HS 2818.20) to Canada, the European Union, Iceland, and the Russian Federation.

Table 4.5 Indicators of the mining and quarrying sector, 2017-23


2017 2018 2019 2020 2021 2022 2023
Share of GDP (%) 2.3 3.1 1.8 1.5 1.2 0.8 1.3
Real growth rate (%, at constant 2007
-4.1 33.7 -11.4 -21.5 -22.4 -34.1 86.8
prices)
Employment (% of employed labour force)a 0.4 0.5 0.6 0.4 0.4 0.3 0.3
Bauxite levy (% of GDP) 0.0 0.0 0.0 0.0 0.1 0.0 0.0
Production ('000 tonnes)
Alumina 1,782 2,484 2,173 1,621 1,159 643 1,401
Bauxite 8,245 10,062 9,022 7,546 5,950 4,365 5,988
Crude bauxite 3,376 3,367 3,080 3,002 2,615 2,496 ..
Bauxite equivalent of alumina 4,869 6,696 5,942 4,544 3,336 1,869 ..
Limestone 2,151 2,080 2,379 2,467 2,711 2,292 1,898
Sand and gravel 988 1,251 1,286 1,369 1,938 1,350 1,617
Exported share of bauxite (%) 40.5 33.2 33.7 40.6 43.8 56.9 ..
Exportsb
Bauxite (HS 2606.00) (USD million) 83.9 100.3 95.8 88.6 71.8 76.3 ..
Share of total exports (%) 6.1 5.1 5.8 7.1 4.9 4.0 ..
Share of mineral products exports,
88.5 94.2 91.6 92.5 48.0 19.0 ..
excluding petroleum (%)c
Alumina (HS 2818.20) (USD million) 570.3 1,122.1 706.8 425.8 387.7 224.0 ..
Share of total exports (%) 41.8 57.2 42.8 34.0 26.2 11.8 ..
Share of inorganic chemicals exports (%)d 98.3 98.7 98.1 96.9 97.0 89.2 ..

.. Not available.
a Data up to third quarter 2023.
b Regarding exports, product shares are classified according to WTO product definitions.
c Mineral fuels and other minerals correspond to HS chapters 25, 26, and 27 (except petroleum
products 2709, 2710, and 2716).
d Inorganic chemicals correspond to HS Chapter 28.
Source: WTO Secretariat calculations, based on STATIN, pages on national accounts, and mining and
quarrying statistics. Viewed at: https://statinja.gov.jm/; and data provided by the authorities.

4.28. Mining and quarrying have a significant socio-economic impact, as many communities depend
on these activities and thus are vulnerable to changes in input prices (particularly of energy and
caustic soda) that would impact production and thus employment. The effect of these activities on
the environment should not be underestimated; dust, water, and noise pollution, as well as
deforestation, loss of biodiversity, and threats to watersheds, are issues for the local and
neighbouring communities and which may lead to reallocation.27 Women are under-represented in
these activities, as the structures in place discourage women from taking a more active role. For
example, quarries typically do not provide facilities adequately designed to meet women's needs. 28

4.29. Foreign direct investment (FDI), which seems not to have any restrictions in Jamaica, has
historically been important in the development of the bauxite/alumina sector and so has government
involvement through direct ownership and joint ventures. At present, Jamaica has one state-owned
(51%) bauxite company (Nornda Jamaica Bauxite Partners II (NJBP)).29 Jamaica has also three
refineries. One of the refineries (Jamalco) is a joint venture between the Government (45%) and a

27
Ministry of Energy and Mining (2011), National Minerals Policy 2010 2030. Viewed at:
https://mgd.gov.jm/wp-content/uploads/2022/09/The-National-Minerals-Policy_compressed-compressed.pdf.
28
IISD (2020), IGF Mining Policy Framework Assessment: Jamaica.
29
Ownership is through the Jamaica Bauxite Mining (JBM), which was set up by the Government in the
1970s to hold the assets acquired from entering into partnerships or joint ventures with private companies.
- 78 -

private foreign company.30 However, some of the refineries are currently not in operation as facilities
are being upgraded. JBM is the sole company in Jamaica that exports raw bauxite.31

4.30. The mining sector remains regulated by several acts and regulation that do not seem to have
been modified during the period under review; some pieces of legislation are specific to the bauxite
and alumina industries and provide for incentives (Table 4.6). The sector is also regulated by
environmental and land use legislation, which was also not modified. Some of these pieces of
legislation are dated and might not reflect modern mining practices, including those related to the
environment, such as sustainable practices. Jamaica has ratified several international arrangements
that impact the mining sector, including UN conventions relating to the environment, waste and
pollution, and protection of women and children.

Table 4.6 Mining legislation, 2024


Legislation Description
Mining Act, 1947 Controls and regulates mines and mining and related matters.
Declares that all minerals (as defined in this Act) are subject to the
control of the Crown.
Requires that mining should be in accordance with the legislation
Minerals (Vesting) Act, 1947
governing mines and mining.
Provides that royalties are to be paid to Government and sets out
rules relative to their payment.
Provides for the control of quarry operations, i.e. mining operations
Quarries Control Act, 1984
not covered by the Mining Act.
Amends the Quarries Control Act. Amendments related to, inter alia,
fees, offences, and transfer of licences.
Quarries Control (Amendment) Act, Adds new sections on the requirement for authorization of adjoining
2015 (No. 8 of 2015). landowners; continued quarrying in case of renewal of licence;
receipts for quarry material; sampling; and management of larger
quarry areas.
Quarries Control (Quarry Tax)
Specifies the rate of the quarry tax.
Resolution, 1990
Regulates provisions related to safety; health and welfare; machinery
Quarries (General) Regulations, 1958
and plants; and use of explosives.
Natural Resources Conservation
Environmental permits are required to undertake certain activities
(Permits and Licences) Regulations,
including minerals exploration, mining, and mineral processing.
1996 (amended 2015)
Bauxite and Alumina Industries
Provides for incentives for the bauxite and alumina industries.
(Encouragement) Act, 1950
Provides for the imposition of a production levy on bauxite and
Bauxite (Production Levy) Act, 1974 laterite, and for matters incidental thereto.
Establishes the Capital Development Fund.
Stipulates special provisions for bauxite, alumina, and other related
Bauxite and Alumina Industries enterprises in which the Government participates.
(Special Provisions) Act, 1977 Provides for bauxite producers to use income tax as a credit against
the bauxite production levy.
Cement Industry (Encouragement and
Stipulates fiscal incentives for petroleum companies.
Control) Act, 1948

Source: Compiled by the WTO Secretariat, based on information provided by the authorities.

4.31. According to the authorities, the challenges that affected the sector in 2017 were, inter alia,
the lack of critical infrastructure (particularly the high cost of energy) and access to credit
(commercial and development banks deem that mining, especially quarrying, has a medium- to
high-risk exposure) as well as limited backward or forward integration with the rest of the economy.
Thus, Jamaica implements the National Minerals Policy to manage and further develop the minerals
sector, ensuring sustainability and national development, which is consistent with Jamaica's overall
National Development Plan (Vision 2030). The Policy seeks to ensure the maximization of benefits,
especially regarding earning foreign exchange, jobs creation, and further industrialization. Its main
objectives include ensuring compliance and effective regulation; increasing competitiveness;
achieving diversification and expanding value addition; integrating the sector to the rest of the

30
Jamaica Bauxite Institute (JBI). Viewed at:
https://jbi.org.jm/industry/#:~:text=At%20present%2C%20Jamaica%20has%20one,a%2045%25%20interes
t%20in%20Jamalco.
31
Information provided by the authorities.
- 79 -

economy; encouraging R&D and innovation; and improving land, mineral, and human resource
management.

4.32. The Ministry of Transport and Mining was, until 2023, responsible for regulating the mining
and quarrying sector. As of that date, the mining portfolio moved to the MAFM, as the sector together
with agriculture and fisheries is considered a pillar for Jamaica's further development.32 However,
the remit of the Ministry has not been modified. It is still responsible for designing and implementing
the mineral policy with the primary objective of promoting sustainable growth and supporting the
modernization of the industry. The Jamaica Bauxite Institute (JBI) continues to advise, monitor, and
implement policies on all aspects of the industry, as well as to conduct technical and economic
research.33 Additionally, it is responsible for the environmental management of the bauxite/alumina
industry and the monitoring of its environmental impact.34 As a result, the JBI is in charge of
implementing pollution control initiatives, surveying the industry, establishing community relations
including public education, and reporting to the National Environment and Planning Agency (NEPA).35

4.33. Under the current legislation, all minerals in Jamaica are property of the Government, while
quarry materials are the landowner's property. Both nationals and foreigners require mining-related
permits (i.e. licences, rights, and/or leases) to prospect, explore, and exploit minerals (Table 4.7).
They are issued and renewed by the portfolio minister (currently the MAFM). All mining-related
permits are subject to a fee. Environmental permits issued by NEPA are also required for engaging
in exploration and processing.36 There are no differences in permit requirements or fees for foreign
and domestic entities (Section 2).37

4.34. All minerals have associated royalties. Minerals may be exported only after the royalties are
paid. Exporters must hold a valid certificate, as a proof of payment; the certificate has a prescribed
fee.38 The Mining Act provides for a royalty of USD 0.5 per tonne of bauxite mined.

4.35. The Bauxite (Production Levy) Act, 1974 is still enforced. The levy is paid on all bauxite or
laterite extracted or won in Jamaica.39 The bauxite (production) levy is applied to crude bauxite
exports and on the bauxite equivalent of exported alumina. Producers that default on payments may
be restricted or prohibited from extracting, winning, disposing, or exporting bauxite or laterite, or
any alumina made therefrom. In addition, licensed quarry operators are subject to a quarry tax in
respect of each type of quarry material or quarry mineral sold or otherwise disposed; non-payment
is subject to a penalty. The House of Representatives may, by resolution, revoke or vary the quarry
tax, or may exempt a producer. The tax is calculated by multiplying the tonnes or cubic yards sold
or otherwise disposed during each quarterly period, by a specified rate. In 1990, the rate of the
quarry tax was set at 3.5% for all quarry material or quarry minerals.40 It appears that this rate has
not changed.

4.36. Fiscal incentives are provided to companies engaged in mining bauxite and producing alumina
in Jamaica. These include relief from customs duties, the Additional Stamp Duty, and GCT when
importing inputs and machinery.41 In addition, transfer of property (e.g. mining bauxite) is exempt
from stamp duties and registration or recording fees.42

32
Information provided by the authorities.
33
JBI. Viewed at:
https://jbi.org.jm/industry/#:~:text=At%20present%2C%20Jamaica%20has%20one,a%2045%25%20interes
t%20in%20Jamalco.
34
Through an MOU, the Natural Resources and Conservation Authority (NRCA) delegated responsibility
to the JBI.
35
JBI. Viewed at:
https://jbi.org.jm/industry/#:~:text=At%20present%2C%20Jamaica%20has%20one,a%2045%25%20interes
t%20in%20Jamalco.
36
National Environment and Planning Agency. Viewed at: https://www.nepa.gov.jm/permits Core
functions.
37
Information provided by the authorities.
38
Mining Act, 1947.
39
Bauxite (Production Levy) Act, 1974.
40
Quarries Control (Quarry Tax) Resolution, 1990.
41
Bauxite and Alumina Industries (Encouragement) Act, 1950; and Bauxite and Alumina Industries
(Encouragement) (Amendment) Act, 2019.
42
Bauxite and Alumina Industries (Special Provisions) Act, 13 December 1977.
- 80 -

Table 4.7 Mining permits in Jamaica, 2024


Permit type Description Duration Remarks
Authorization to mine "quarry
Quarry License material" and "quarry mineral" and
6 months to 10 years. Site-specific.
(QL)a any other substance declared by the
Minister to be a "quarry mineral". b

Prospecting Right One year, renewable for


Right to "search" for samples. Not transferable.
(PR) further one-year periods.
EPLs usually granted for
Exclusive
1 year and renewable up
Prospecting
For an area of up to 18 km2. to a maximum of 6 years. Must meet work and
License
Granted for specific minerals. SEPLs are usually granted expenditure obligations
(EPL)/Special
Authorization to prospect after for longer periods and also and submit biannual
Exclusive
finding minerals in a specified area. renewable for longer reports.
Prospecting
periods depending on the
License (SEPL)c
activity.
Exclusive rights to mining an area
Mining Lease Must meet work and
and a mineral (usually bauxite or
(ML)/Special Up to 25 years, expenditure obligations
laterite).
Mining Lease renewable.d and submit biannual
ML for an area below 18 km . 2
(SML) reports.
SML for an area larger than 18 km2.
Dealers are liable for
Licence expires on the payment of
Mineral dealer Right to sell/buy minerals in
31 December in the year royalties on any
licence Jamaica.
in which it is issued. minerals bought,
received, or exported.

a QLs are granted based on the advice of the Quarries Advisory Committee (QAC).
b "Quarry material" means rock, stone, sand (including sea sand), marl, gravel, clay, fill, and
limestone where such material does not contain any minerals in economically workable quantities;
"quarry mineral" means gypsum.
c SEPLs include special operating conditions, which impart certain rights and impose certain
obligations on the licensee.
d SMLs may be granted for longer periods, subject to certain conditions, rights, and obligations
(e.g. extraction of a specific amount of the mineral, or different amounts for different kinds of
minerals, or different amounts for different holders of an SML in respect of the same kind of
mineral).
Source: Mining Act, 1947; Quarries Control Act, 1984; and IISD (2020), IGF Mining Policy Framework
Assessment: Jamaica. Viewed at: https://www.iisd.org/publications/report/igf-mining-policy-
framework-assessment-jamaica.

4.3 Manufacturing and energy

4.37. The contribution of the manufacturing sector to the Jamaican economy between 2017 and
2023 remained relatively stable, accounting for 8.0% of GDP on average (Table 4.8). Employment
in the sector decreased slightly from 6.6% of the total labour force in 2017 to 6.2% 2023 (Q3);
women make up about 32% of those employed in the sector. Within the manufacturing sector, the
agro-processing industry (i.e. the traditional industry) is the most important industry, adding value
to Jamaican agricultural products and to employment opportunities in rural areas. Its linkages go
beyond the agriculture industry to tourism, packaging, and other supporting industries. Non-
traditional industries include the manufacturing of non-metallic products, chemicals, and petroleum
products.43 Jamaica's manufacturing sector has always been closely linked to the MSME sector, which
reflects the diversity in the product groups that are manufactured across the island. The range of
such products continues to grow, e.g. the craft and bamboo industries.44

Table 4.8 Manufacturing sector indicators, 2017-22


2017 2018 2019 2020 2021 2022
Share of GDP (%)
Manufacture 7.7 7.7 7.7 8.0 8.2 8.5
Food, beverages, and tobacco 4.7 4.6 4.6 4.8 5.0 5.2
Other manufacturing 3.0 3.1 3.1 3.1 3.2 3.3

43
Ministry of Industry, Commerce, Agriculture and Fisheries (2020), National Five-Year Manufacturing
Growth Strategy for Jamaica. Viewed at: https://faolex.fao.org/docs/pdf/jam197999.pdf.
44
Ministry of Industry, Commerce, Agriculture and Fisheries (2020), National Five-Year Manufacturing
Growth Strategy for Jamaica.
- 81 -

2017 2018 2019 2020 2021 2022


Real growth rate (%, at constant 2007 prices) 1.9 0.9 1.8 -4.1 1.4 4.9
Employment (% of employed labour force)a 6.6 6.5 6.4 6.1 6.4 6.3
Trade according to WTO definition (excluding petroleum, HS2709-2710)
Exports and re-exports
Value (USD million) 798.5 1,354.6 930.8 619.9 637.9 759.0
Share of total exports (%) 58.5 69.1 56.3 49.6 43.1 39.9
Growth rate (%) 13.9 69.7 -31.3 -33.4 2.9 19.0
Top 5 products, by HS chapter (% of
manufacture exports)
27. Mineral fuels, oils and products of their 0.3 0.2 0.5 0.4 11.5 41.6
distillation
28. Inorganic chemicals; compounds of precious 72.6 83.9 77.4 70.9 62.7 33.1
metals
26. Ores, slag and ash 10.5 7.4 10.3 14.3 11.3 10.1
03. Fish and crustaceans, molluscs, aquatic 1.7 0.8 1.2 1.8 3.0 1.9
invertebrates
84. Nuclear reactors, boilers, machinery and 1.1 0.8 1.4 0.8 1.0 1.7
mechanical appliances
Imports
Value (USD million) 3,369 3,717 3,742 3,022 3,539 4,335
Share of total exports (%) 61 60 58 63 59 56
Growth rate (%) 19.8 10.3 0.7 -19.3 17.1 22.5
Top 5 products, by HS chapter (% of
manufacture exports)
27. Mineral fuels, oils and products of their 3.9 3.0 3.6 5.1 8.4 11.5
distillation
84. Nuclear reactors, boilers, machinery and 13.9 14.9 14.6 13.6 12.3 11.4
mechanical appliances
87. Vehicles, parts and accessories 14.1 12.8 14.5 13.6 12.0 11.1
85. Electrical machinery and equipment 8.9 8.8 9.1 8.9 8.1 7.9
39. Plastics and articles thereof 5.9 5.8 6.0 6.8 6.6 6.7

a Data up to 2023 third quarter.


Source: STATIN, pages on national accounts and labour force statistics. Viewed at: https://statinja.gov.jm/;
and data provided by the authorities.

4.38. Exports of manufactured goods (excluding petroleum HS 2709-10) are an important source
of foreign exchange for Jamaica. However, during the period under review, exports of manufactured
goods as a share of total exports declined substantially, from 58.5% in 2017 to 39.9% in 2022. This
decline has been because of a drop in the leading manufacturing exports inorganic chemicals
(compounds of metals), namely alumina due to the closure of several factories. Exports of ores,
slag, and ash represented around 10% of manufactured exports (or about 4% of total exports).
Exports and re-exports of mineral fuels, namely liquified natural gas (LNG), increased over the
period, especially since 2021, to reach 41.6% of manufactured exports. Imports of manufactured
goods represented 56% of total imports in 2022, down from 61% in 2017; the main change during
the period was the increase in LNG imports (Table 4.8).

4.39. Exports and re-exports of mineral fuels, which include refined petroleum, increased from
17.2% in 2017 to 54.2% in 2022, due to an increase in prices, bunkering, and exports of LNG.
Imports of refined petroleum were on average 13.4% of total imports over the period, with a decline
in 2020 because of the pandemic. The share of crude petroleum in total imports increased from
7.3% to 9.4%, as did the share of LNG, which grew from 2.2% of total imports in 2017 to 6.2% in
2022. The increase in mineral fuel imports is mainly due to an increase in LNG imports (Table 4.9).
It seems that Jamaica is importing and re-exporting part of it.

Table 4.9 Share of mineral fuels in total exports and imports (including petroleum),
2017-22
(%)
HS code Product 2017 2018 2019 2020 2021 2022
Exports and re-exports
Mineral fuels, mineral oils and products 17.2 14.3 22.7 21.7 34.4 54.2
27 of their distillation; bituminous
substances; mineral waxes
2710 Refined petroleum products 17.0 14.2 22.4 21.5 29.4 37.6
2711 Liquified natural gas, propane, butane, etc. - - - - 4.8 16.5
- 82 -

HS code Product 2017 2018 2019 2020 2021 2022


Imports
Mineral fuels, mineral oils and products 24.8 26.1 27.0 19.7 25.9 30.8
27 of their distillation; bituminous
substances; mineral waxes
2710 Refined petroleum products 15.1 15.9 14.9 8.5 11.2 14.9
2709 Crude petroleum 7.3 8.4 9.9 8.0 9.7 9.4
2711 Liquified natural gas, propane, butane, etc. 2.2 1.7 2.0 3.1 4.8 6.2

- Nil.
Source: WTO Secretariat calculations, based on data received from the authorities.

4.40. The manufacturing sector has been identified as a key area for growth and is one of the main
pillars of the National Development Plan (Vision 2030). Jamaica's manufacturing sector has been a
long-standing contributor to its economic development, because of the impact on job creation,
capital investment, and GDP as well as linkages with other productive sectors. Currently, the main
challenges that the sector face are a decreasing level of competitiveness against a backdrop of rising
operational costs due to, inter alia, rising costs of energy, transportation, and financing. Regarding
transport, the traditional means of transportation through local roads in poor conditions has become
an impediment to the efficient movement of goods from production to consumption centres.45

4.41. The cost of energy and the reliability of the supply remain challenges for manufacturers.
Renewable energy is actively being explored to provide energy at lower costs, and to promote the
development of a more diversified, greener energy sector. Until recently (2019), Jamaica's energy
matrix mainly relied on petroleum.46 However, since 2020, LNG has become the main source of
electricity generation. This is in line with the National Energy Policy (2009-30), which establishes a
goal of 20% renewable energy in the energy mix by 2030. 47 In this context, increased investments
in the energy sector resulted in the completion of the country's first LNG terminal in 2019. 48 The
Jamaica Public Service Company (JPSC) is also investing in upgrading its facilities.49 In 2020, a new
Integrated Resource Plan (IRP) was approved; it sets a target to invest around USD 7.3 billion in
the electricity sector by 2037. By 2025, the IRP aims to support 320 MW of solar or wind power,
120 MW of LNG, and 74 MW of other renewable generation capacity (including hydro, waste to
energy, and/or biomass energy).50 The major priority of the Ministry of Science, Energy,
Telecommunications and Transport (MSETT), established in 2023, is to facilitate access to alternative
energy sources and to address issues such as the cost of energy and the reliability of the supply. In
this context, fiscal incentives were implemented to promote access to energy-saving devices,
lithium-ion batteries used in renewable technologies, and energy accumulators. In addition, there
have been several upgrades to the power generation system and in 2023 Jamaica decided to replace
fossil fuel generation plants with renewable energy options.

4.42. Financing remains a challenge for manufacturers that cannot obtain resources at affordable
rates in the commercial banking sector. Manufacturers may apply for short-, medium- and long-term
financing at preferential rates through the National Export-Import (EXIM) Bank and the Development
Bank of Jamaica (DBJ), the two state-owned development banks (Section 3). The EXIM Bank
provides financial support for a range of activities including working capital, equipment acquisition,
retooling/upgrading of facilities, preshipment financing, receivables financing, market research, and
debt refinancing. The DBJ provides loans via Approved Financial Institutions (AFIs) for activities
similar to those of the EXIM Bank, in addition to providing financing to address issues related to high

45
Ministry of Industry, Commerce, Agriculture and Fisheries (2020), National Five-Year Manufacturing
Growth Strategy for Jamaica. Viewed at: https://faolex.fao.org/docs/pdf/jam197999.pdf.
46
MSETT (2023), Jamaica Energy Statistics 2022. Viewed at: https://www.mset.gov.jm/wp-
content/uploads/2021/07/JAMAICA-ENERGY-STATISTICS-2022.pdf.
47
IEA, National Energy Policy (2009-2030), last updated: 24 August 2021. Viewed at:
https://www.iea.org/policies/5546-national-energy-policy-2009-30.
48
World Bank (2019), "Improving Energy Efficiency and Security in Jamaica", 26 April. Viewed at:
https://www.worldbank.org/en/results/2019/04/26/improving-energy-efficiency-and-security-in-jamaica.
49
Ministry of Industry, Commerce, Agriculture and Fisheries (2020), National Five-Year Manufacturing
Growth Strategy for Jamaica.
50
IEA, Integrated Resource Plan (IRP), last updated: 17 November 2022. Viewed at:
https://www.iea.org/policies/14163-integrated-resource-plan-irp.
- 83 -

energy costs. The DBJ has a voucher system through which manufacturers can access technical
assistance to improve their technical capacity.51

4.43. Fiscal incentives to the manufacturing sector are provided through the Omnibus Incentive
Regime (including the Productive Input Relief Scheme); the Special Economic Zones (SEZ) regime
(MSMEs operating within the SEZ receive preferential treatment); and under sector-specific laws
(e.g. alumina, bauxite, and petroleum) (Sections 2.4.1 and 3.3.1).52

4.44. In addition, tariff protection granted to the manufacturing sector (WTO definition of
non-agricultural products) increased slightly from 7.9% in 2016 to 8.1% in 2023. The average
applied MFN tariff was 10.4% in 2023, unchanged from 2016. In 2023, the non-agricultural products
that had the highest average tariff protection were fish and fish products (31.0%) and clothing
(19.8%) (Table A3. 1). In 2023, applied tariffs in the sector ranged from 0% to 50%, while bound
tariffs ranged from 0% to 100%. The products with the consolidated rate of 100% are fish and fish
products, and chemicals (Table A3. 1).

4.4 Services

4.4.1 Financial services

4.4.1.1 Banking

4.45. The principal pieces of legislation that govern the banking sector (deposit-taking institutions
(DTIs) (i.e. commercial banks, building societies, merchant banks, and Financial Holding Companies)
and other financial institutions) include the Bank of Jamaica Act, 1960 and the Banking Services Act,
2014 (as amended).53 These provide the legal and policy parameters for the licensing and
supervision of financial institutions. Subsidiary legislation prescribes prudential criteria and minimum
solvency standards, procedures, supervisory standards, and institutional practices for commercial
banks, merchant banks and building societies, as well as measures that may be taken by the Bank
of Jamaica (BoJ) and the Minister of Finance and the Public Service (MOFPS) if financial institutions
are in distress or danger of failing or if there is a threat to the financial system. During the review
period, several laws were promulgated, amended, or revised, most notably the Bank of Jamaica Act,
1960. The Bank of Jamaica (Amendment) Act 2020 (the Act), which came into effect in 2021,
clarified the main objectives of the BoJ to pave the way for an independent and modernized central
bank. The reforms also strengthened BoJ's overall corporate governance framework and
strengthened its accountability and control with respect to monetary and financial policy initiatives.
In 2021, Jamaica enacted the Microcredit Act, 2021, which aims to license and regulate microcredit
institutions (MCIs) that provide financing to individuals and MSMEs.54

4.46. The BoJ has supervisory regulatory authority over DTIs, which are the commercial banks,
building societies, merchant banks, and financial holding companies; and over MCIs (as of 2021),
exchange bureaux (cambios), and remittance companies.55 Credit unions are still under the
Department of Cooperatives and Friendly Societies (the statutory regulator of the credit union
sector).56 In 2023, the MOFPS announced the introduction of a new regulatory regime for the
financial system (i.e. the "twin peaks" regulatory regime), which has not yet been implemented.
Under this regime, the BoJ will supervise DTIs, other financial institutions, and non-deposit-taking
institutions (NDTIs) (e.g. insurance companies, securities dealers, pension funds, and collective

51
Ministry of Industry, Commerce, Agriculture and Fisheries (2020), National Five-Year Manufacturing
Growth Strategy for Jamaica. Viewed at: https://faolex.fao.org/docs/pdf/jam197999.pdf; and DBJ, Voucher for
Technical Assistance. Viewed at: https://dbankjm.com/services/business-support-services/voucher-for-
technical-assistance/.
52
Bauxite and Alumina Industries (Encouragement) Act, 1950; Bauxite and Alumina Industries
(Encouragement) (Amendment) Act, 2019; Petroleum Act, 1979; and Petroleum (Amendment) Act, 2019.
53
Other relevant legislation includes the Deposit Insurance Act, 1998; the Payment Clearing and
Settlement Act, 2010; and the Credit Reporting Act, 2010. The full body of legislation, including acts,
subsidiary legislation, and amendments, may be viewed at: https://boj.org.jm/about-boj/legislation/.
54
BoJ, Microcredit Regulation. Viewed at: https://boj.org.jm/core-functions/financial-
system/microcredit-regulation/.
55
BoJ, Financial System Regulation. Viewed at: https://boj.org.jm/core-functions/financial-system/.
56
Information provided by the authorities.
- 84 -

investment schemes (CIS)). The Financial Services Commission (FSC), which currently supervises
NDTIs, will oversee market conduct and consumer protection for all financial service providers.57

4.47. During the period under the review, the BoJ took several initiatives to ensure the stability of
the financial system. Jamaica has started to implement the Basel III Capital Adequacy Framework,
which requires financial institutions to hold a higher quantity and quality of capital, while monitoring
and quantifying their operational risks.58 As of 2019, to improve the supervision of financial
conglomerates, which dominate Jamaica's financial sector, the BoJ started implementing a licensing
regime for Financial Holding Companies (FHCs).59 In cooperation with the FSC and the Jamaica
Deposit Insurance Corporation (JDIC), the BoJ also plans to incorporate climate-related financial
risks (CRFRs) into its oversight framework, to better assess potential risks and ensure financial and
economic stability. In addition, to protect depositors, the JDIC continues to implement the Deposit
Insurance Scheme (DIS). All DTIs need to participate in the DIS and contribute to the Deposit
Insurance Fund (DIF), by paying an annual premium based on the value of insured deposits.60 At
present, each depositor has coverage of up to JMD 1.2 million. To promote innovation in financial
services and financial inclusion, in 2020 the BoJ launched its FinTech Regulatory Sandbox.61

4.48. As at the time of the last Review, Jamaican banks continue to encounter restrictions imposed
by correspondent banking relationships (CBRs), namely in respect to handling cash and clearing
checks, which is a major constraint to the provision of services.62 The loss of CBRs has implications
for the economy, which is highly dependent on tourism (and therefore access to cash and the use
of credit cards is required) and on remittances. CBRs are also critical for the payment of imports of
goods and services.63 In the context of this Review, the authorities note that at present there are
fewer correspondent banks offering services to local banks, and those services that are provided are
at a higher cost.

4.49. Entities intending to offer banking services require a licence to operate in Jamaica.64 Licensing
requirements did not change during the period under review, and are the same for nationals and
foreign-owned entities. Foreign-owned and domestic banks can provide the same services. Foreign
banks may establish subsidiaries and branches. A licence may be granted to a foreign entity only if
it designates a principal office, as well as an authorized agent and an alternate, in Jamaica.65 FHCs
and MCIs also require a licence.66 Similar to the requirements for banks, a licence to operate as an
MCI may be granted to a foreign entity if it establishes a principal office and designates an authorized
agent and an alternate in Jamaica.67

4.50. The number of DTIs (11) remained stable throughout the period under review. Commercial
banks continue to command the largest share of the market, five of which accounted for some 92%
of total assets in 2022 (Table 4.10). Total DTI assets rose from JMD 1,487 billion (78.5% of GDP) in
2017 to JMD 2,452 billion (93.5% of GDP) in 2024. Asset growth continued to be supported by an
increase in customer deposits, followed by investments, albeit at a lower growth rate. The solvency
indicator during the period under review seemed to be adequate, as reflected by the Capital
Adequacy Ratio (CAR), which was slightly higher in 2024 (15.1%) than in 2017 (14.8%) and

57
BoJ (2022), 2022 Financial Stability Report. Viewed at: https://boj.org.jm/wp-
content/uploads/2023/03/FinStab-Annual-Report-2022.pdf.
58
BoJ (2022), Standard of Sound Practice on Minimum Capital Requirements (for Licensees under the
Banking Services Act). Viewed at: https://boj.org.jm/wp-content/uploads/2022/06/Standard-of-Sound-
Practice-Pillar-1-Minimum-Capital-Requirements-for-Licensees-under-the-BSA-June-2022.pdf.
59
IMF (2018), Jamaica: Financial Sector Stability Assessment, IMF County Report No. 18/347.
60
Deposit Insurance Act (DIA), 1998.
61
Viewed at: https://boj.org.jm/core-functions/financial-system/financial-market-
infrastructures/sandbox/.
62
IMF (2018), IMF Country Report No. 18/347.
63
Atlantic Council (2022), Financial De-Risking in the Caribbean: The US Implications and What Needs
to Be Done. Viewed at: https://www.atlanticcouncil.org/in-depth-research-reports/report/financial-de-risking-
in-the-caribbean/.
64
Banking Services Act, 2014, Article 20. The licensing requirements are stipulated in the Third
Schedule of the Banking Services Act, 2014.
65
Banking Services Act, 2014.
66
Banking Services (Financial Holding Companies) (Licensing Application Form) Supervisory Rules,
Resolution, 2019; and the Microcredit Act, 2021.
67
Information provided by the authorities.
- 85 -

remaining above the regulatory minimum of 10%.68 However, the stock of non-performing loans
(NPLs) increased during 2017-24 and the pre-tax profit margin decreased. The interest rate spread
partly points to a high credit risk and the lack of competition in the banking sector.

Table 4.10 Financial sector indicators, 2017-22


2017 2018 2019 2020 2021 2022
Number of DTIs 11 11 11 11 11 11
Commercial banks 8 8 8 8 8 8
Building societies 2 2 2 2 2 2
Merchant bank 1 1 1 1 1 1
Share of 5 largest DTIs in total system assets (%) 83.3 83.7 82.8 82.2 81 81.4
Total assets (JMD billion) 1,487 1,637 1,810 2,024 2,300 2,452
As a share of GDP (%) 78.5 80.7 85.8 102.9 104.1 93.5
Annual growth (%) 7.9 10.1 10.6 11.8 13.6 6.6
Loans 678 783 925 1,002 1,105 1,251
Investments (incl. reverse repos) 377 404 424 470 548 608
Cash and bank balances 289 283 301 372 446 383
Other 143 167 160 180 201 210
Balance sheet growth (%, year on year)
Capital base 13.4 11.6 7.7 9.9 .. 5.7
Non-performing loans (NPLs) -2.8 11.2 4.0 41.9 12.6 -1.9
Liquidity
Loans/deposits (%) 69.1 88.5 100.6 48.0 63.1 82.7
Asset quality
Stock of NPLs (JMD billion) 18 19.9 20.7 29.3 33 37.5
Provision for loan losses/NPLs 121.3 111.9 123.5 .. .. ..
NPLs to total loans (%) 2.6 2.5 2.2 2.8 2.9 2.9
Capital adequacy
Capital Adequacy Ratio (CAR) (%) 14.8 14.8 14.8 14.3 14.2 15.1
Profitability
Pre-tax profits (JMD billion) 38.3 51.3 51.9 25.4 46.6 43.9
Pre-tax profit margin (JMD billion) 23.9 28.6 26.6 13.5 21.5 18.8
Return on average assets 2.6 3.3 3 1.3 2.2 1.8
Number of credit union entities 28 .. .. .. .. 25
Assets (JMD billion) 103 113 125 138 150 162
Loans (JMD billion) 71 78 102 94 115 105
Investment (JMD billion) 21 27 23 44 36 28
Cash and placements (JMD billion) 5 5 0 0 0 0
Interest rate spread
Average weighted loan rate (%) 14.9 14.1 13.0 12.1 11.5 11.4
Average weighted deposit rate (%) 1.6 1.4 1.2 1.1 1.0 1.3
Overall spread (%) 13.3 12.7 11.8 11.0 10.5 10.1

.. Not available.
Source: BoJ, pages on interest rates statistics, and Annual Report, various issues. Viewed at:
https://boj.org.jm/.

4.51. In 2022, there were also 25 credit unions in operation in 2022 and 2024, down from 28 in
2017. Despite the decline in the number of entities, total assets increased to reach JMD 162 billion
in 2022 (JMD 103 billion in 2017). According to the BoJ, credit unions continue to provide banking
services to the unbanked through interest rate advantages and other targeted services. Additionally,
to improve their competitiveness, a number of credit unions signed up for the BoJ's FinTech
Regulatory Sandbox to offer services through debit cards.69 The BoJ is in the process of assuming
full supervisory responsibility for credit unions, expanding the current mandate of prudential
monitoring and AML/CFT supervision.

4.52. Jamaica does not seem to have specific instruments to facilitate financing for specific sectors
or low-income households, or to grant incentives to private financial institutions to provide credit to
the unbanked (e.g. SMEs and women) or high-risk sectors (e.g. agriculture). Credit at preferential
rates is provided by the two state-owned development banks, the DBJ and the EXIM Bank, either

68
IMF (2023), Jamaica: First Reviews under the Precautionary and Liquidity Line and under the
Resiliency and Sustainable Facility Arrangement Press Release; Staff Report; and Statement by the Executive
Director for Jamaica, IMF Country Report No. 23/321.
69
BoJ (2022), Financial Stability Report 2022. Viewed at: https://boj.org.jm/wp-
content/uploads/2023/03/FinStab-Annual-Report-2022.pdf.
- 86 -

directly or through AFIs or MFIs. The National Housing Trust also partners with financial institutions
to provide mortgage loans at concessionary interest rates. In the aftermath of the pandemic, the
DBJ and the EXIM Bank introduced products to assist, inter alia, farmers and MSMEs
(Section 3.3.1.2). To provide financial services to the underserved, in 2017 the BoJ developed the
National Financial Inclusion Strategy (NFIS)70, because of which several measures were
implemented, including the completion of the National Financial Literacy Action Plan in 2018; the
enactment of the Microcredit Act, 2021; and the improvement of data collection regarding access to
financial services.71

4.4.1.2 Insurance

4.53. The insurance industry as in 2017 is regulated by, inter alia, the Insurance Act, 2001
(amended in 2016); Insurance Regulations, 2001; Insurance (Actuaries) (Life Insurance Companies)
Regulations, 2001; Insurance (Actuaries) (General Insurance Companies) Regulations, 2002; and
the Insurance (Prescribed Sum) Regulation, 2004. It appears that this legislation was not amended
during the period under review. Nevertheless, the FSC promulgates regulations and guidelines, as
required, to update registration and capital adequacy requirements, enhance the fair treatment of
clients, and ensure responsible practices in the insurance industry.72 Additionally, a Micro Insurance
Supervisory Framework is being developed to amend the insurance legislation to allow for the
provision of microinsurance.73

4.54. The FSC continues to supervise the industry, including insurance (life and general insurance)
companies and various types of insurance intermediaries.74 The FSC oversees the registration,
solvency, and conduct of firms and individuals engaged in the sector.75 All entities require
registration or licensing.76 There are various categories of licensees and registrants to provide
different services; applicants may apply to provide different services.77 Insurance companies are not
allowed to provide both life and general insurance business.78 Motor vehicle insurance is compulsory
in Jamaica. Regarding commercial presence, Jamaica allows fully foreign-owned establishments;
licensing and registration requirements do not seem to differ, except regarding renewal fees. 79
Foreigners are also allowed to operate as brokers, agents, sales representatives, and insurance
consultants and/or loss adjusters.

4.55. In 2021, there were 18 insurance companies operating in Jamaica. Life insurance companies
(6) dominate the market, accounting for almost 80% of the sector's total assets; the other 12 are
general insurance companies.80 Aggregate total assets for both types of insurance companies
increased during 2017-22; life insurance and motor vehicles insurance were the most important
premia during 2017-20 (Table 4.11).

70
JIS (2021), "Gov't Making It Easier for Jamaicans to Access Financial Services", 27 November.
Viewed at: https://jis.gov.jm/features/govt-making-it-easier-for-jamaicans-to-access-financial-services/.
71
In this regard, in December 2023 the BoJ completed its National Digital Payment Survey, which aimed
to gather information to measure the elements that impact the use of digital payments by the general
population and by 420 MSMEs. BoJ (2023), National Financial Inclusion: Demand Side Study. Viewed at:
https://boj.org.jm/wp-content/uploads/2024/01/National-Financial-Inclusion-Final-Report-2023.pdf.
72
Requirements for Registration as an Insurance Company Revised, 2018; and Guidelines on Market
Conduct for Insurance Companies and Intermediaries, 2019 (updated in 2022).
73
FSC (2019), Micro-Insurance Consultation Paper, 2019. Viewed at: https://www.fscjamaica.org/wp-
content/uploads/2020/04/1904017388_microinsurance-consultation-paper-march-2019-consul-18.pdf.
74
The FSC monitors both local companies and branches of foreign companies offering life and general
insurance products; brokers, agents, and sales representatives; and insurance consultants and loss adjusters.
75
Financial Services FSC Act, 2001.
76
Registration requirements may be viewed at: https://www.fscjamaica.org/about/registration/.
77
Life insurance companies may provide ordinary long-term business and sickness insurance policies
while general insurance companies may solicit accident; liability; marine, aviation, and transport; motor
vehicle; pecuniary loss; and property insurance policies.
78
Insurance Act, 2001 (amended in 2016), Section 8.
79
FSC (2018), Requirements for Registration as an Insurance Company. Viewed at:
https://www.fscjamaica.org/wp-content/uploads/2020/04/1901072027_bulletin-registration-requirement-for-
an-insurance-company-final-ir-advi-0008.pdf.
80
FSC (2023), Insurance Compass September 2022. Viewed at: https://www.fscjamaica.org/insurance-
compass-september-2022/.
- 87 -

Table 4.11 Insurance sector indicators, 2017-22


2017 2018 2019 2020 2021 2022
Life insurance companies
Number of companiesa 6 6 7 7 6 6
National 1 1 2 2 2 5
Foreign 5 5 5 4 4 1
Total assets (JMD billion) 312.1 324.2 359.6 367.4 395.0 403.8
Market share in assets (% of general + life insurance) 80.0 80.0 80.2 80.0 79.1 77.8
Net income after tax (JMD billion) 18.6 24.1 24.4 25.9 23.1 24.7
Market share in net income after tax (% of general +
88.6 89.6 88.4 91.2 92.0 93.6
life insurance)
Distribution of gross premium written by category (%)
Life insurance 57.0 63.0 62.0 60.8 61.9 63.8
Sickness and health 26.0 29.0 27.0 29.7 24.4 27.0
Annuity 17.0 8.0 11.0 9.5 13.6 9.3
Claims distribution by category (% of total claims)
Sickness and health 67.4 65.4 66.1 63.9 58.4 62.9
Death claims 31.6 33.8 33.1 35.3 40.9 36.5
Disability claims 0.1 0.1 0.0 0.0 0.1 0.0
Matured endowments 0.9 0.7 0.7 0.8 0.6 0.6
General insurance companies
Number of companiesa 11 11 12 12 12 11
National 4 4 4 4 4 4
Foreign 7 8 8 8 8 7
Total assets (JMD billion) 78.0 81.1 88.6 91.2 103.2 113.8
Market share in assets (% of general + life insurance) 20.0 20.0 19.8 19.9 20.6 22.0
Net income after tax (JMD billion) 2.4 2.8 3.2 2.5 2.0 1.7
Market share in net income after tax (% of general +
11.4 10.4 11.6 8.8 8.0 6.4
life insurance)

a Registered as of March of each year.


Source: Financial Services Commission, Annual Report, various issues. Viewed at:
https://www.fscjamaica.org/category/annual-reports/; and Insurance Quarterly Report
December 2022. Viewed at: https://www.fscjamaica.org/insurance-industry-data-december-2022/.

4.4.2 Telecom services

4.56. The MSETT, which was created in May 2023, designs and implements the telecommunications
policy. Over the review period, Jamaica continued to implement the Information and
Communications Technology (ICT) Policy, 2011, which aims to increase ICT access and use to
improve competitiveness and promote economic development. To this end, since 2017, Jamaica has
continued to bridge the digital gap by using the Universal Service Fund (USF)81 to establish free
Wi-Fi hotspots (Connect Jamaica) and community access points, and to roll out broadband in rural
areas.82 In addition, to accelerate the digital transformation, Jamaica continues the implementation
of the "digital government" and aims to better manage the spectrum frequencies.83 There is also a
plan to develop a National Broadband Initiative, under a public-private partnership (PPP)
arrangement, to further increase digital connectivity by providing last-mile connectivity to all
Jamaicans.84 Nevertheless, the further development and use of ICT in Jamaica in turn depends upon
access to a reliable power supply.

4.57. The increase in telecom subscriptions over the review period was led by fixed services as the
network was expanded and upgraded (Table 4.12). Total broadband penetration, which reached
84.5% in 2022, up from 59% in 2017, benefited from faster connection.85 E-commerce has grown

81
The USF is funded by a charge to incoming international calls (USD 0.3/minute (fixed) or
USD 0.2/minute (mobile)) and by a levy of 3% on the value of certain telecom goods and services
(e.g. prepaid cards). Telecommunications (Universal Service Levy) (No. 2) Order, 2011.
82
MSETT (2022), Sectoral Presentation 2022-23. Viewed at:
https://www.mset.gov.jm/category/sectoral-presentation-category/.
83
Office of the Prime Minister (2023), Jamaica Embracing Technological Transformation through EGOV.
Viewed at: https://opm.gov.jm/news/jamaica-embracing-technological-transformation-through-egov/.
84
MSETT (2021), Sectoral Presentation 2021-22. Viewed at:
https://www.mset.gov.jm/category/sectoral-presentation-category/.
85
ITU (2023), Policy Brief: The Affordability of ICT Services 2022. Viewed at:
https://www.itu.int/en/ITU-D/Statistics/Documents/publications/prices2022/ITU_Price_Brief_2022.pdf.
- 88 -

in Jamaica as a result of greater ICT use and of advanced technology, which allowed for faster, more
reliable connections and greater digital payment solutions.86

Table 4.12 Telecom subscriptions, by category, 2017-22


('000 unless otherwise indicated)
2017 2018 2019 2020 2021 2022
Total telephone subscribers ('000) 3,388.2 3,328.8 3,421.9 3,309.5 3,379.0 3,392.0
Mobile ('000) 3,091.2 2,965.0 3,023.9 2,873.3 2,905.4 2,921.7
Prepaid (%) 93.9 93.2 92.8 92.3 92.0 90.8
Fixed ('000) 297.0 363.8 398.0 436.2 473.6 470.3
Residential (%) 75.9 80.5 82.3 84.8 86.3 86.4
Business (%) 31.7 24.1 21.5 17.9 15.9 15.8
Total Internet subscribers ('000) 1,492.1 1,787.1 1,948.6 2,127.6 2,151.7 2,232.8
Mobile 1,412.2 1,502.3 1,630.7 1,742.0 1,738.2 1,812.9
Fixed 200.9 284.8 317.9 385.6 413.5 419.9
Penetration rate (%)
Mobile telephone 115.0 108.6 110.8 101.3 106.3 109.8
Fixed telephone 10.9 13.3 14.6 16.0 17.3 16.3
Total broadband 59.0 65.4 71.4 77.8 78.7 84.5
Mobile broadband 52.0 55.0 59.8 63.7 63.6 69.0
Fixed broadband 7.0 10.4 11.7 14.1 15.1 15.5

Source: Information provided by the authorities; and Office of Utilities Regulation (OUR) (several years),
Telecommunications Market Information Reports. Viewed at:
https://our.org.jm/sectors/telecommunications/telecommunications-market-information-data/.

4.58. Foreigners, if established in Jamaica, may provide all types of services. Under the
Telecommunications Act, 2000, providers require a licence to offer different services and are required
to be independent.87

4.59. Telecom services in Jamaica may be supplied by network operators or mobile virtual network
operators (MVNO). A carrier (CAR) licence is required to own and operate facilities, and a service
provider (SP) licence is required to supply the service. Both types of licences are awarded through
requests for proposals issued by the OUR. Applications are assessed by the OUR, and the licences
are issued by the MSETT. They are valid for a 15-year renewable period; the annual licence fee is
either 1% of the provider's revenue, or JMD 50,000 for SP licences or JMD 300,000 for
CAR licences.88

4.60. Over the review period, Jamaica's Mobile Spectrum Band Plans were revised to improve
coverage in underserved and/or unserved areas.89 The SMA assigns licences for the commercial use
of the frequency bands either through auctions or on a first-come, first-served basis if there is not
enough demand.90 In 2020, the Fair Trading Commission (FTC) indicated that, "in recent times", the
SMA had mainly assigned licences on a first-come, first-served basis.91 The allocation of the
spectrum licences is subject to financial and non-financial conditions (e.g. minimum investment,
rollout schedule, and coverage obligations). Spectrum licences are valid for a 15-year renewable
period.92

4.61. The SMA charges two annual fees: a licence fee and a regulatory fee.93 To promote
competition, new entrants may be exempt from the licence fee. The amount of the licence fee
depends on the frequency bands assigned to the operator, while the amount of the regulatory fee is

86
International Trade Administration (2022), Assessment of Current Buyer Behaviour in Market.
Viewed at: https://www.trade.gov/country-commercial-guides/jamaica-ecommerce.
87
Telecommunications Act, 2000, Section 11(6).
88
Telecommunications Act, 2000, Part III; OUR, Licensing. Viewed at:
https://our.org.jm/sectors/telecommunications/licensing/; and Jamaica Business Gateway, Establish a
Telecoms Operations. Viewed at: https://jamaicabusinessgateway.com/telecoms-operation.
89
Information provided by the authorities.
90
FTC (2020), Assessment of Competition in the Mobile Telecommunications Market. Viewed at:
https://www.sma.gov.jm/wp-content/uploads/2020/11/FTC-Assessment-of-Mobile-Telecoms-Market-SMA-
Comments.pdf.
91
FTC (2020), Assessment of Competition in the Mobile Telecommunications Market.
92
Telecommunications Act, 2000, Sections 20-26, as amended by the Telecommunications
(Amendment) Act, 2012.
93
SMA, "Licensing: Fees". Viewed at: https://www.sma.gov.jm/.
- 89 -

calculated based on a formula set in the Telecommunications Act (Spectrum Regulatory Fees)
(Amendments) Regulations, 2017. In 2020, the FTC indicated that the cost of using the spectrum in
Jamaica was high, which could be a deterrent to enter the market and also discourage existing
operators.94

4.62. Concentration in all segments of Jamaica's telecom market seems to have remained high,
although with some decrease in fixed (voice and data) services (Chart 4.1). In 2019, a MVNO
stopped operating.95 As a result, at present there are only two suppliers in the mobile telecom
market. In 2021, a new entrant was licensed, but has not yet started to operate.96 Fixed voice and
data services are supplied by three operators, while there are 30 Internet service providers (ISPs).
To promote the entry of new operators in the mobile segment, the OUR applies spectrum caps97,
and since 2022, it may impose infrastructure-sharing requirements.98

Chart 4.1 Telecom market concentration, 2017-22


7,000

6,000

5,000

4,000

3,000

2,000

1,000

0
2017 2018 2019 2020 2021 2022

Fixed HHI Mobile HHI Fixed broadband HHI Mobile broadband HHI

Note: Herfindahl-Hirschman Index (HHI) < 1,500 points: unconcentrated market; HHI 1,500-2,500 points:
moderately concentrated market; HHI > 2,500 points: highly concentrated market.
Source: OUR (several years), Telecommunications Market Information Reports. Viewed at:
https://our.org.jm/sectors/telecommunications/telecommunications-market-information-data/.

4.63. The termination rates for mobile and fixed calls are capped by the OUR, based on estimated
incremental costs over a long run; they were last revised in 2021 (for mobile calls) and in 2022 (for
fixed calls).99 The remaining interconnection tariffs are freely set by the operators; the OUR could
intervene if no agreements are reached. Retail tariffs were not regulated during the review period.

4.4.3 Transport

4.64. The MSETT formulates and implements the transport policy. According to the authorities,
Jamaica is currently reviewing the 2007 National Transport Policy (NTP) and developing a National
Transport Strategy and Action Plan. The objective of revising the NTP is to promote greater
integration of transport modes, taking into account climate change and gender, by focusing on
greening the sector (e.g. solar power would be used at international airports) and providing
gender-balanced development (e.g. a safer, affordable transportation system and equal employment
opportunities in the sector).100

94
FTC (2020), Assessment of Competition in the Mobile Telecommunications Market.
95
FTC (2020), Assessment of Competition in the Mobile Telecommunications Market.
96
Information provided by the authorities.
97
FTC (2020), Assessment of Competition in the Mobile Telecommunications Market.
98
Telecom providers may be allowed to reserve up to 30% of their infrastructure capacity, for up to two
years and request additional reservations to the OUR. Telecommunications (Infrastructure Sharing) Rules,
2022.
99
Information provided by the authorities.
100
Ministry of Transport and Mining (2015), Proposal to Review the National Transport Policy, 2007,
updated May 2020. Viewed at: https://procurement-notices.undp.org/view_file.cfm?doc_id=231234.
- 90 -

4.65. Regarding land infrastructure, the National Works Agency, the local authorities, and the RADA
are in charge of all roads other than highways, which are operated and maintained under a PPP.
Under the Social and Economic Recovery and Vaccine (SERVE) Jamaica Programme, Jamaica's
JMD 60 billion recovery programme launched in 2021, JMD 31.1 billion were budgeted to improve
the road system in the southern region, with a view to promote development, including of the mining
sector.101

4.66. Jamaica's rail infrastructure includes public and private rail tracks. The state-owned Jamaica
Railways Corporation (JRC) owns the public rail tracks, which are used only minimally.102 Rail freight
transport is operated by private operators to export bulk merchandise (mainly bauxite and alumina).
Private operators use either their own tracks or the JRC-owned infrastructure, at a fee, to transport
their produce to the ports. It appears that the JRC is registering losses and, according to the
authorities, it does not receive any financial support. In 2022-23, it registered a net loss of
JMD 80.5 million.103

4.4.3.1 Air transport

4.67. Air transport is regulated by the Civil Aviation Act, 1966, which was not substantially amended
over the review period104, and the Civil Aviation Regulations, 2012.105 Jamaica also has 51 bilateral
ATAs, mainly with regional and European partners106, and 2 plurilateral ATAs with regional partners,
including the CARICOM's Multilateral Air Services Agreement (MASA), which Jamaica signed in
2019.107 The Jamaica Civil Aviation Authority (JCAA), an agency under the MSETT, regulates air
transport services.

4.68. International air transport services are supplied based on the provisions laid down in Jamaica's
air transport agreements (ATAs), most of which are open sky agreements. In absence of ATAs, the
authorities indicate that rights may be granted to foreign airlines on a case-by-case basis. Under the
ATAs, Jamaica usually restricts foreign participation in local airlines, which must be substantially
Jamaican-owned (51% equity) and Jamaican-controlled (51% voting rights). Airfares are freely
determined but may require the approval of the JCAA. Regarding traffic rights, under its bilateral
ATAs, Jamaica grants up to the fifth freedom and authorizes cabotage only if local air carriers are
granted reciprocity. Only one foreign air carrier supplied cabotage services, on a reciprocal basis, in
Jamaica over the 2017-23 period. CARICOM's MASA provides for more liberalized traffic rights as air
carriers are granted up to the seventh freedom and can provide cabotage.

4.69. Jamaica does not apply restrictions with regards to the air crew nationality.108

101
MOFPS (2021), HMFPS Budget Presentation 2021-22: Preparing Jamaica to Recover Stronger.
Viewed at: https://www.mof.gov.jm/budget/archive-of-opening-speeches/.
102
Since 2022, JRC has tried to revitalize passenger traffic by providing service to students and
excursionists. Projects to further develop passenger traffic, including in the tourism sector, were under
discussion in 2023.
103
MOFPS (2023), Jamaica Public Bodies: Estimates of Revenue and Expenditure for the Year Ending
March 2024. Viewed at: https://www.mof.gov.jm/wp-content/uploads/JPB.2023-24pdf.pdf; and USAID (2018),
Vulnerability Assessment of Jamaica's Transport Sector. Viewed at:
https://www.climatelinks.org/sites/default/files/asset/document/20180328_USAID-ATLAS_Vulnerability-
Assessment-of-Jamaica-Transport-Sector_final.pdf.
104
The Act (Section 6D) was last amended in 2017. The amendment related to the use of funds and
resources of the Jamaica Civil Aviation Authority (Civil Aviation (Amendment) Act, 2017).
105
The regulations may be viewed at: https://www.jcaa.gov.jm/index.php/about-jcaa/laws-and-
regulations/.
106
The Bahamas; Barbados; Belgium; Brazil; Burkina Faso; Canada; Chile; China; Colombia; Cuba;
Cyprus; Czech Republic; Denmark; Dominican Republic; Finland; Germany; Ghana; Haiti; Hungary; Iceland;
Italy; Kenya; State of Kuwait; Luxembourg; Malaysia; Morocco; Mexico; Netherlands; New Zealand; Nigeria;
Norway; Panama; Paraguay; Qatar; Russian Federation; Rwanda; Singapore; Senegal; Seychelles; Slovenia;
Spain; Sweden; South Africa; Sri Lanka; Switzerland; Trinidad and Tobago; Türkiye; United Arab Emirates;
United Kingdom; United States; and Bolivarian Republic of Venezuela (Information provided by the
authorities).
107
The other plurilateral agreement is the Air Transport Agreement (ATA) among the member States
and associate States of the Association of the Caribbean States (ACS).
108
Eight "A" Schedule (Regulations 40-48): Personnel Licensing.
- 91 -

4.70. Over the 2017-23 period, Jamaica's air transport policy objective focused on increasing air
connectivity to support Jamaica's position as a global tourism destination and a business hub.109 To
this end, it signed 9 new ATAs and initialled 10 agreements, to diversify its markets110; in addition,
it revised the agreement with Chile.111 Signing CARICOM's MASA, in 2019, may contribute to
boosting Jamaica's intra-regional air connectivity, which was reported to be one of the lowest in the
region.112 Jamaica's efforts to enhance air connectivity resulted in more direct routes and increased
capacity and frequency (Table 4.13). In October 2023, Jamaica registered an increase in weekly
international flights, nearly returning to the 2019 level.

Table 4.13 Air connectivity, 2017-23


(Number)
2017 2018 2019 2020 2021 2022 2023 (Oct)
Direct routes 63 60 64 64 54 61 58
Frequency (weekly flights) 401 461 487 234 272 413 465
Capacity (No. of seats) 3,476,188 3,671,286 3,843,696 1,684,647 2,421,879 3,556,296 3,376,138

Source: Information provided by the authorities.

4.71. A licence (for scheduled flights) or a permit (for non-scheduled flights) issued by the JCAA is
required to supply international air transport services; the same requirements apply to local and
foreign airlines.113 Since 2019, international traffic has been handled by foreign air carriers including
Caribbean Airlines, based in Trinidad and Tobago, in which Jamaica has a 16% equity. A local airline
that had operated regional routes ceased operations in March 2019.

4.72. Air communication, navigation, and surveillance systems are still operated by a state-owned
enterprise.114 Ground-handling and repair and maintenance services may be provided by local and
foreign providers, which require a certificate granted by the JCAA. In addition, ground-handling
services may be self-handled by airlines.

4.73. Jamaica has three international airports. The Airports Authority of Jamaica (AAJ), an agency
under the MSETT, operates the Ian Fleming International Airport (IFIA) in northern Jamaica. A
private (foreign) concessionaire has managed Sangster International Airport (SIA), the largest
airport located in Montego Bay since 2003, and in 2018, it was awarded the concession to also
manage Norman Manley International Airport (NMIA). The award of the NMIA concession was
reviewed by the FTC; the transaction was approved subject to conditions.115

4.74. SIA remains the most important passengers gateway due to its close location to Jamaica's
main tourism attractions (Table 4.14). IFIA started to handle international commercial passenger
traffic in 2022; previously it had only been used for private operations.

Table 4.14 International commercial air traffic, 2017-22


2017 2018 2019 2020 2021 2022
Passengers ('000) 5,936.8 6,236.7 6,611.5 2,251.4 3,417.4 6,005.4
NMIA (%) 27.8 27.2 27.9 27.8 24.2 26.7
SIA (%) 72.2 72.8 72.1 72.2 75.8 73.3
IFIA (%) n.a. n.a. n.a. n.a. n.a. -
Cargo (million tonnes) 20,874 20,842 19,810 15,151 17,295 19,098
NMIA (%) 66.9 64.1 63.8 74.2 74.3 71.8
SIA (%) 49.4 56.0 56.9 34.8 34.5 39.4

109
JCAA (several years), Annual Report. Viewed at: https://www.jcaa.gov.jm/index.php/library/annual-
reports/.
110
Jamaica signed agreements with The Bahamas; Burkina Faso; Finland; Ghana; Iceland; Kenya;
Rwanda; South Africa; and Sri Lanka. The agreement with Chile was revised. Jamaica initialled agreements
with Colombia; Cyprus; Luxembourg; Malaysia; Morocco; Netherlands; Nigeria; Qatar; Senegal; and Slovenia.
111
Information provided by the authorities.
112
Caribbean Development Bank (2021), Air Transport Competitiveness and Connectivity. Viewed at:
https://clac-lacac.org/wp-content/uploads/2021/12/RE-GE42NE02.pdf.
113
JCAA, Economic Licences and Permits. Viewed at: https://www.jcaa.gov.jm/index.php/regulatory-
affairs/economic-regulation-of-the-aviation-industry/licences-and-permits/.
114
Civil Aviation Act, 1966, Section 6A.
115
FTC (2020), "The Future Reimagined", Compete, 21 February. Viewed at:
https://jftc.gov.jm/publications/magazines/.
- 92 -

- Nil (less than 0.1% of total traffic).


n.a. Not applicable.
Source: Information provided by the authorities.

4.75. Airport charges at NMIA and SIA "scheduled airports" are determined by the concessionaire
but must be approved by the AAJ, subject to criteria such as the concessionaire's economic efficiency
and the end-users' interests. Airport charges are revised every five years.116 Departing passengers
must pay a passenger service charge, a security charge, a departure tax (USD 35), and a fee (USD 5
at SIA and USD 10 at NMIA) to contribute to the Airport Expansion Fund.117 Incoming passengers
are charged a USD 20 fee to contribute to the Tourism Enhancement Fund (TEF).

4.4.3.2 Maritime transport

4.76. Maritime transport is governed by the Shipping Act, 1998 and several regulations and orders.
In 2020, the Shipping Act was amended to reflect Jamaica's accession to the Maritime Labour
Convention.118 The Maritime Authority of Jamaica (MAJ) is responsible for safety, the registration of
commercial vessels119, and the promotion of Jamaica as a shipping hub for ancillary and bunkering
services.120

4.77. Foreign nationals and companies that are established or have a local agent in Jamaica can
register commercial vessels.121 Any registered commercial vessels, including bareboat chartered
vessels, are considered to be Jamaican.122 Commercial vessels of any tonnage may be registered,
subject to specific criteria including the vessel's age. A one-time registration fee and annual fees,
such as tonnage and inspection fees, are charged. To encourage registration, the registration fee
may be waived for new vessels or if shipping companies register more than one vessel. Discounts
on the annual fees are also granted if vessels have been registered for at least five years and comply
with additional criteria, such as a quota of local seafarers, and specific safety and environmental
standards.123 In 2021, Jamaica's merchant fleet was mostly made of general cargo and container
ships; it accounted for less than 0.1% of the world's merchant fleet.124

4.78. Jamaica reserves cabotage for Jamaican-flagged vessels. However, the MAJ may allow foreign
vessels to supply the service if Jamaican vessels are not available or there are not enough vessels.
In such cases, the MAJ issues a local trade certificate for a 3- to 12-month period, which may be
renewed indefinitely.125 Over the 2017-23 period, cabotage was provided to mainly supply bunkering
services; dredging services were also supplied in 2017 for the expansion of the port of Kingston.126
Seafarers on vessels providing cabotage must be Jamaican; foreign seafarers may be hired if local
seafarers are not available.127 Jamaican vessels were not engaged in international maritime trade
during the review period.

4.79. A renewable 10-year income tax exemption is granted to shipping companies engaged in
international maritime traffic. They can also import materials for their own use free of customs duties
and other charges.128 The authorities indicate that no specific incentives were granted to shipping
companies during the pandemic.

116
Airports (Economic Regulation) Act, 2002 (last amended in 2003).
117
Airports (Economic Regulations) (Expansion Fund) Improvement Fee (Norman Manley International
Airport) Order, 2003; and Airports (Economic Regulations) (Expansion Fund) Improvement Fee (Sangster
International Airport) Order, 2003.
118
Shipping (Amendment) Act, 2020.
119
Commercial fishing vessels are registered with the National Fisheries Authority under the Fisheries
Act, 2018.
120
Information provided by the authorities.
121
Shipping Act, 1999, Section 20A.
122
Shipping Act, 1999, Sections 18 and 24; and Shipping (Registration of Ships) Regulations, 2005,
Section 41.
123
Shipping (Tonnage) Regulations, 2007; and information provided by the authorities.
124
UNCTAD, Maritime Profile: Jamaica. Viewed at:
https://unctadstat.unctad.org/countryprofile/maritimeprofile/en-gb/388/index.html.
125
Shipping (Local Trade) Regulations, 2003.
126
Information provided by the authorities.
127
Shipping (Local Trade) Regulations, 2003, Section 7.
128
Shipping Act, 1999, Sections 101D, 101F, and 101H.
- 93 -

4.80. Jamaica has five public service ports: Kingston (cargo and cruise)129; Montego Bay (cargo and
cruise); and Falmouth, Ocho Rios, and Port Antonio (cruise). Several private ports are owned,
operated, and maintained by mining companies and alumina producers. The Port Authority of
Jamaica (PAJ), an agency under the Ministry of Economic Growth and Job Creation (MEGJC), is
responsible for the development and regulation of all ports in Jamaica.130 Kingston Container
Terminal (KCT), Montego Bay cargo terminal, and Falmouth cruise terminal are operated by private
operators under long-term concession arrangements. Port and maritime services are provided by
the PAJ, the concessionaires, or third-party operators. Pilotage services are reserved for Jamaicans;
foreigners may be authorized if local pilots are not available.131

4.81. Jamaican ports handle mainly containerized and general cargo; transhipment is the main
activity due to Jamaica's proximity with the Panama Canal (Table 4.15). The port of Kingston is the
main port; it comprises the KCT, a private multi-purpose terminal, a terminal owned by Petrojam,
and several private user facilities (sufferance wharves). The Kingston Free Zone (KFZ) contributes
to the port's activities; a logistics park that is currently under construction will further increase the
port's cargo throughput.132 Bunkering has become a relevant port operation supported by recently
launched LNG infrastructure.

Table 4.15 Port operations, 2017-23Q3


2017 2018 2019 2020 2021 2022 2023Q3
International cargo (million tonnes) 24.0 30.1 27.8 24.6 27.8 28.1 11.3
Containerized and general cargo (%) 55.8 56.8 58.6 61.8 68.7 73.0 69.0
Bulk cargo (%) 15.2 19.2 16.0 12.3 9.9 8.0 4.2
Tanker (%) 13.8 10.4 12.5 13.8 17.2 18.9 14.3
Roro (%) 0.7 1.0 1.6 1.4 1.2 1.1 0.7
Containers (million TEUs) 1.7 1.8 1.7 1.6 2.0 2.2 0.9
Transhipment (%) 82.4 83.3 76.5 81.3 85.0 81.8 77.8
Exports (%) 0.1 0.2 0.3 0.1 0.2 0.2 0.1
Imports (%) 82.4 83.3 76.5 81.3 85.0 81.8 77.8

Source: Information provided by the authorities.

4.4.4 Tourism

4.82. In 2022, visitors' arrivals rebounded to 3.3 million, up from 1.3 million in 2020 and 1.5 million
in 2021, led by an increase in air arrivals (Table 4.16). International tourism expenditure, which
sharply decreased in 2020, fully recovered in 2022. Jamaica's tourism patterns remained broadly
unchanged over the review period. The sector remains highly dependent on the US market, although
Jamaica has made efforts to diversify its inbound air passenger markets; US tourists accounted for
87% of the total tourists in 2021, up from 68.6% in 2019. Canada remains Jamaica's second largest
market for tourism, and the United Kingdom, its third largest market.133

Table 4.16 Tourism indicators, 2017-23Q1


2017 2018 2019 2020 2021 2022 2023Q1
Total visitors ('000) 4,276.2 4,318.6 4,234.2 1,329.7 1,535.2 3,330.7 1,211.5
Tourists 2,352.9 2,472.7 2,680.9 880.4 1,464.4 2,478.4 733.9
One-day visitors 1,923.3 1,845.9 1,553.2 449.3 70.8 852.3 477.5
Visitor expenditures
(USD million) 2,809 3,099 3,639 1,256 2,095 3,621 1,168
as % of total services exports 79.9 80.9 83.1 62.8 71.8 80.1 82.8

Source: BoJ, pages on external sector statistics, balance of payments. Viewed at:
https://boj.org.jm/statistics/external-sector/balance-of-payments/; and Statistical Institute of
Jamaica (STATIN), Business Statistics. Viewed at: https://statinja.gov.jm/BusinessStatistics.aspx.

129
The cruise terminal (Port Royal) started operating in 2020.
130
PAJ (2021), Annual Report 2020-21. Viewed at: https://www.portjam.com/PortJam/annual-
reports/Annual-Report-2020-21.pdf.
131
Pilotage Act, 1975, Section 5(5).
132
PAJ (2021), Annual Report 2020-21.
133
Jamaica Tourist Board (several years), Annual Travel Statistics. Viewed at:
https://www.jtbonline.org/report-and-statistics/.
- 94 -

4.83. Jamaica continues to be a primary destination for leisure, recreation, and holiday travel, as
well as one of the most popular cruise destinations in the region.134 However, cruise arrivals, which
had already started to decline in 2018, have not yet returned to pre-pandemic levels. In the
aftermath of the COVID-19 pandemic, to diversify tourism and thus develop a more resilient sector,
the Government started implementing the Tourism Networks Policy and Strategy 2020, which aims
to create inclusive and sustainable tourism model, by promoting synergies in the domestic market
to promote consumption of local goods and services and thus increase the demand for labour. To
this end, Jamaica seeks to develop new products in areas such as gastronomy, health and wellness,
sport and entertainment, knowledge (education and learning), and shopping.135

4.84. Tourism is Jamaica's biggest export service and largest source of foreign exchange, thus its
importance in regard to its contribution to GDP and to employment generation.136 Hence, the
COVID-19-related disruption in the sector's activities had a critical impact on Jamaica's
socio-economic performance.137 In 2019, tourism (hotels and restaurants) contributed 4% to
Jamaica's GDP; it contracted to 2.4% of GDP in 2020 and 2.7% in 2021, but quickly rebounded to
4.4% of GDP in 2023 (Q3) (Section 1). However, given the linkages that tourism has with the rest
of the economy, the Statistical Institute of Jamaica (STATIN) estimated that in 2019 tourism
accounted for 9.8% of GDP (latest data available).138

4.85. In terms of employment, the authorities indicate that in 2017 the sector accounted for 13%
of total employment. It was estimated that tourism-related employment declined by 26% because
of the pandemic139; layoffs affected mainly female workers as they accounted for 49.7% of the total
tourism workers in 2019.140 However, since 2021, employment in the sector has resumed141; tourism
generated 13% of total employment in 2021.

4.86. Jamaica assisted Small and Medium Tourism Enterprises (SMTEs) to mitigate the effects of
the COVID-19 pandemic, by granting support through the Social and Economic Recovery and Vaccine
(SERVE) Jamaica Programme and under three schemes of the COVID-19 Allocation of Resources for
Employees (CARE) programme (Box 4.1).

Box 4.1 CARE Programme for the tourism sector, FY2020/21-2021/22

COVID-19 Tourism Grant scheme: Grants were provided to finance expenses associated with maintenance
costs, including salaries, and the establishment of COVID-19-free facilities. SMTEs benefited if they had filed
taxes and payroll returns in FY2018/19 and FY2019/20 and had equity equivalent to 10% of the amount of
the grant. The scheme benefited 85 hotels; outlays amounted to JMD 266 million.

BEST Casha: Monthly grants of JMD 9,000 were provided for each employee who had been retained and had
annual earnings of less than JMD 1.5 million. The scheme benefited 15,000 employees; outlays amounted to
JMD 4.1 billion.

COVID-19 General Grants: Certain tourism-related activities were offered grants of either JMD 25,000 or
JMD 40,000 depending on the activity.

a Only BEST Cash operated in FY2021/22.

134
Jamaica Tourist Board (2020), Annual Travel Statistics 2019, September. Viewed at:
https://www.jtbonline.org/report-and-statistics/.
135
Ministry of Tourism (2020), Tourism Networks Policy and Strategy. Viewed at:
https://www.mot.gov.jm/sites/default/files/public/tourism_networks_policy_and_strategy.pdf.
136
Tourism contributes 10% to the Government's revenue, through the collection of several taxes.
137
Government of Jamaica (2022), Voluntary National Review on the 2030 Agenda and the Sustainable
Development Goals, Special Report: Impact of the COVID-19 Pandemic on Education, Labour Market, Tourism
and Social Protection. Viewed at: https://data4development.gov.jm/sites/default/files/2023-
06/Jamaica%20VNR%202022-%20Annex-%20Special%20Report-COVID-19%20Pandemic_0.pdf.
138
STATIN, Tourism Direct Gross Domestic Product at Current Market Prices. Viewed at:
https://statinja.gov.jm/NationalAccounting/Annual/NewAnnualGDP.aspx.
139
Government of Jamaica (2022), Voluntary National Review on the 2030 Agenda and the Sustainable
Development Goals, Special Report: Impact of the COVID-19 Pandemic on Education, Labour Market, Tourism
and Social Protection.
140
STATIN (2020), Jamaica Labour Market: Impact of COVID-19, July. Viewed at:
https://statinja.gov.jm/covidPDF/Jamaican%20Labour%20Market%20Impact%20of%20COVID-19.pdf.
141
Government of Jamaica (2022), Voluntary National Review on the 2030 Agenda and the Sustainable
Development Goals, Special Report: Impact of the COVID-19 Pandemic on Education, Labour Market, Tourism
and Social Protection.
- 95 -

Source: Compiled by the WTO Secretariat based on MOFPS (2020), CARE (COVID-19 Allocation of Resources
for Employees) Brochure. Viewed at: https://jis.gov.jm/media/2020/04/CARE-Brochure-Ministry-of-
Finance-2020.pdf; and MOFPS (2022), HMFPS Budget Presentation 2022-23: Recovery, Reform and
Restoration. Viewed at: https://www.mof.gov.jm/budget/archive-of-opening-speeches/.

4.87. The TEF, administered by the Ministry of Tourism (MOT) and financed with the fees paid by
cruise and air passengers (of USD 2 and USD 20, respectively), is still used to finance tourism
projects developed by SMTEs.142 TEF loans are channelled through two financial institutions: the
EXIM Bank and Jamaica National Small Business Loans (JNSBL) Ltd., a private bank (Table 4.17).
To qualify for a loan, projects must generate a minimum of their revenue from tourism-related
activities (25% (EXIM Bank) and 30% (JNSBL)) and focus on job creation and sustainable tourism.143

Table 4.17 TEF-financed loan programmes, 2023


EXIM Bank JNSBL
Loan amount, up to JMD 25 million JMD 5 million
Interest rate 4.5% 5%
Tenure, up to 7 years 5 years
Moratorium period, up to 12 months 6 months

Source: TEF, Loan Facilities. Viewed at: https://tef.gov.jm/smte-hub/; and Finance and Accounts. Viewed at:
https://tef.gov.jm/finance-and-accounts/; and information provided by the authorities.

4.88. FDI remains of great importance for the development of the tourism sector in Jamaica. Over
the review period, it was the second main recipient of FDI, largely due to accommodation projects144;
in 2022, the sector accounted for 51.2% of total FDI (Section 1.3.2 ). To encourage foreign and
domestic investment, fiscal incentives are granted through two components of the Omnibus
Incentive Regime.145 In this regard, under the Productive Inputs Relief (PIR) Scheme, certain
providers146 may obtain tariff concessions and an exemption of the Additional Stamp Duty (ASD)
when importing specific goods.147 However, concessions are granted only if there is not an adequate
supply of goods in Jamaica or CARICOM. Under the Fiscal Incentives (Miscellaneous Provisions) Act,
2013, providers of accommodation and attraction services may benefit from lower corporate income
tax, tax credits, capital allowances, and carry-forward of net losses.

4.89. The legal and institutional tourism frameworks have remained broadly unchanged since
Jamaica's previous Review. Jamaica does not have a Tourism Act per se. Tourism activities are
regulated by numerous pieces of legislation.148 Several institutions participate in regulating the
sector: (i) the MOT formulates and implements the tourism policy; (ii) the Jamaica Tourist Board
(JTB) is in charge of marketing and promotion activities, and licenses tourism providers; (iii) the
Tourism Product Development Company Ltd. (TPDCo) develops tourism products, promotes product
quality, and assesses investors; and (iv) Jamaica Vacations Ltd. (JamVac) cooperates with air
carriers and cruise agents to increase air and maritime capacity and connectivity.

4.90. Foreign providers can supply any type of tourism services, including tour guide services, if
they are established in Jamaica. The authorities indicate that training is required to become a local
tour guide.

4.91. Both public and private providers are involved in tourism. There are two publicly owned hotels,
a convention centre, and a heritage site. All tourism providers must be licensed. Applications are
assessed by TPDCo, and some licences are issued by JTB.149 Licences may be renewed.

142
Tourism Enhancement Fund Act, 2004 (last amended in 2017).
143
TEF, Loan Facilities. Viewed at: https://tef.gov.jm/smte-hub/; and MIIC, Tourist Enhancement Fund
(TEF). Viewed at: https://www.miic.gov.jm/msme-initiatives/tourist-enhancement-fund-tef.
144
JAMPRO, Tourism. Viewed at: https://dobusinessjamaica.com/invest/sectors/tourism/.
145
The authorities indicated that there remained no beneficiaries of the "legacy" incentives under the
Hotels (Incentives) Act, 1971 and the Resort Cottages (Incentives) Act, 1971.
146
Benefits are granted to (i) accommodation (hotels, resort cottages, guest houses, and apartments);
(ii) ground transportation, including car and motorbike rentals; (iii) attractions (nature/eco- and
cultural/heritage tourism); and (iv) water sports.
147
Goods are listed in the Customs Tariff (Revision) (Amendment) Resolution, 2013, Third Schedule.
148
The legislation may be viewed at: https://www.mot.gov.jm/page/core-legislation and
https://www.mot.gov.jm/page/related-legislation.
149
Jamaica Tourist Board Act, 1955, Section 23A; and TPDCo, License Details. Viewed at:
https://www.tpdco.org/license-detail/.
- 96 -
- 97 -

5 APPENDIX TABLES

Table A1. 1 Merchandise exports and re-exports by HS section, 2017-22


(USD million and %)
Description 2017 2018 2019 2020 2021 2022
Total exports 1,364 1,961 1,653 1,251 1,481 1,901
Of which, re-exports 71 55 137 85 199 534
(% of total exports)
1 Live animals; animal products 2.0 1.2 1.4 2.0 2.5 1.9
03. Fish and crustaceans, molluscs, and other
1.0 0.5 0.7 0.9 1.3 0.8
aquatic invertebrates
04. Dairy produce; birds' eggs; natural honey;
0.6 0.4 0.5 0.8 0.8 0.7
edible products of animal origin
02. Meat and edible meat offal 0.2 0.2 0.2 0.4 0.3 0.4
2 Vegetable products 6.4 4.2 4.8 6.9 6.2 5.1
07. Edible vegetables and certain roots and
2.7 1.9 2.3 3.6 3.1 2.4
tubers
09. Coffee, tea, maté and spices 2.5 1.4 1.5 2.2 2.0 1.7
08. Edible fruit and nuts; peel of citrus fruit or
0.8 0.6 0.5 0.5 0.6 0.4
melons
3 Animal or vegetable fats and oils; prepared
0.0 0.0 0.0 0.1 0.2 0.2
edible fats
4 Prepared foodstuffs; beverages, spirits, and
16.7 11.6 15.3 20.5 19.5 15.7
vinegar; tobacco
22. Beverages, spirits, and vinegar 8.3 5.7 7.8 10.2 9.9 8.2
21. Miscellaneous edible preparations 2.1 1.5 2.0 3.3 3.1 2.3
20. Preparations of vegetables, fruit, nuts, or
2.2 1.6 2.1 2.9 2.9 2.3
other parts of plants
19. Preparations of cereals, flour, starch, or
1.6 1.1 1.5 2.3 2.0 1.8
milk
5 Mineral products 24.0 19.7 28.9 29.3 39.6 58.8
27. Mineral fuels, mineral oils, and products of
17.2 14.3 22.7 21.7 34.4 54.2
their distillation
26. Ores, slag, and ash 6.1 5.1 5.8 7.1 4.9 4.0
6 Products of the chemical or allied industries 43.7 59.2 44.5 36.5 28.2 14.1
28. Inorganic chemicals; organic or inorganic
42.5 58.0 43.6 35.1 27.0 13.2
compounds of precious metals
30. Pharmaceutical products 0.3 0.2 0.3 0.4 0.4 0.3
33. Essential oils and resinoids; perfumery,
0.4 0.3 0.3 0.5 0.5 0.3
cosmetic or toilet preparations
7 Plastics and articles thereof; rubber and
0.9 0.6 0.6 0.6 0.5 0.6
articles thereof
8 Raw hides and skins, leather, furskins and
articles thereof; travel goods, handbags; articles 0.0 0.0 0.0 0.0 0.0 0.0
of animal gut
9 Wood and articles of wood; wood charcoal;
0.2 0.2 0.2 0.3 0.3 0.2
cork and articles of cork
10 Pulp of wood or of other fibrous cellulosic
material; paper and paperboard and articles 0.3 0.1 0.1 0.1 0.1 0.1
thereof
11 Textiles and textile articles 0.2 0.1 0.1 0.2 0.1 0.2
12 Footwear, headgear, umbrellas; prepared
0.0 0.0 0.0 0.0 0.0 0.0
feathers and articles; artificial flowers
13 Articles of stone, plaster, cement, etc.;
0.1 0.1 0.1 0.2 0.1 0.1
ceramic products; glass and glassware
14 Natural or cultured pearls, precious or semi-
0.8 0.2 0.2 0.2 0.1 0.2
precious stones, precious metals
15 Base metals and articles of base metal 1.3 1.0 0.9 0.8 0.8 1.0
72. Iron and steel 0.9 0.8 0.6 0.5 0.5 0.6
73. Articles of iron or steel 0.2 0.2 0.2 0.2 0.2 0.2
16 Machinery and mechanical appliances;
electrical equipment; television image and sound 2.0 0.9 1.5 0.8 0.9 1.1
recorders
84. Nuclear reactors, boilers, machinery, and
0.7 0.6 0.8 0.4 0.4 0.7
mechanical appliances
17 Vehicles, aircraft, vessels, and associated
0.4 0.1 0.3 0.4 0.2 0.2
transport equipment
18 Optical, photographic, precision, medical or
surgical instruments; clocks and watched; musical 0.4 0.3 0.4 0.3 0.2 0.2
instruments
19 Arms and ammunition 0.0 0.0 0.0 0.0 0.0 0.0
20 Miscellaneous manufactured articles 0.1 0.1 0.2 0.1 0.2 0.1
21 Works of art, collectors' pieces, and antiques 0.0 0.0 0.0 0.5 0.0 0.0
Other 0.3 0.2 0.3 0.3 0.4 0.3

Source: WTO Secretariat calculations, based on data provided by the authorities.


- 98 -

Table A1. 2 Merchandise imports by HS section and main HS chapter, 2017-22


(USD million and %)
Description 2017 2018 2019 2020 2021 2022
Total 5,537 6,171 6,403 4,765 5,971 7,731
(% of total imports)
1 Live animals; animal products 3.1 3.3 3.7 4.1 3.8 4.0
04. Dairy produce; birds' eggs; natural honey; edible 0.8 1.0 1.3 1.4 1.4 1.5
products of animal origin
02. Meat and edible meat offal 1.1 1.2 1.2 1.3 1.3 1.3
03. Fish and crustaceans, molluscs and other aquatic 1.1 1.1 1.2 1.3 1.1 1.2
invertebrates
2 Vegetable products 3.6 3.3 3.5 4.3 4.5 4.3
10. Cereals 2.4 2.2 2.5 3.1 3.4 3.4
07. Edible vegetables and certain roots and tubers 0.3 0.3 0.3 0.5 0.4 0.3
11. Products of the milling industry; malt; starches; 0.4 0.3 0.3 0.3 0.3 0.2
inulin; wheat gluten
3 Animal or vegetable fats and oils; prepared edible fats 1.1 0.7 0.7 1.0 1.1 1.2
4 Prepared foodstuffs; beverages, spirits and vinegar; 10.6 9.9 10.7 13.0 12.5 12.1
tobacco
21. Miscellaneous edible preparations 2.0 2.2 2.6 3.4 3.1 2.8
22. Beverages, spirits and vinegar 2.1 1.7 1.7 1.7 2.0 2.2
20. Preparations of vegetables, fruit, nuts or other parts of 1.4 1.3 1.5 1.6 1.4 1.6
plants
23. Residues and waste from the food industries 1.1 1.1 1.2 1.5 1.4 1.4
19. Preparations of cereals, flour, starch or milk 1.5 1.4 1.4 1.8 1.6 1.4
17. Sugars and sugar confectionery 1.1 0.8 0.8 1.3 1.1 1.2
5 Mineral products 25.0 26.4 27.3 20.1 26.4 31.2
27. Mineral fuels, mineral oils and products of their 24.8 26.1 27.0 19.7 25.9 30.8
distillation
6 Products of the chemical or allied industries 9.5 10.1 8.1 9.4 8.2 7.6
30. Pharmaceutical products 3.4 2.7 2.6 3.6 3.0 2.5
28. Inorganic chemicals; organic or inorganic compounds 2.3 3.8 2.1 1.5 1.2 1.3
of precious metals
38. Miscellaneous chemical products 1.1 1.0 1.0 1.4 1.3 1.0
7 Plastics and articles thereof; rubber and articles thereof 4.6 4.5 4.5 5.4 4.9 4.7
39. Plastics and articles thereof 3.6 3.5 3.5 4.3 3.9 3.8
40. Rubber and articles thereof 1.0 1.0 1.0 1.1 1.0 0.9
8 Raw hides and skins, leather, furskins and articles 0.1 0.1 0.2 0.1 0.1 0.1
thereof; travel goods, handbags; articles of animal gut
9 Wood and articles of wood; wood charcoal; cork and 1.5 1.6 1.3 2.0 2.1 1.6
articles of cork
44. Wood and articles of wood; wood charcoal 1.5 1.6 1.3 2.0 2.1 1.6
10 Pulp of wood or of other fibrous cellulosic material; 2.6 2.3 2.4 2.5 2.2 2.4
paper and paperboard and articles thereof
48. Paper and paperboard; articles of paper pulp, of paper 1.9 1.8 1.9 2.1 1.9 2.0
or of paperboard
49. Printed books, newspapers, pictures and other 0.7 0.5 0.5 0.4 0.2 0.3
products of the printing industry
11 Textiles and textile articles 2.2 2.0 2.0 2.0 1.6 1.5
62. Articles of apparel and clothing accessories, not 0.8 0.7 0.7 0.7 0.6 0.5
knitted or crocheted
63. Other made up textile articles 0.6 0.6 0.6 0.7 0.5 0.4
61. Articles of apparel and clothing accessories, knitted or 0.3 0.2 0.2 0.2 0.2 0.2
crocheted
12 Footwear, headgear, umbrellas; prepared feathers and 0.6 0.5 0.5 0.4 0.4 0.4
articles; artificial flowers
13 Articles of stone, plaster, cement, etc.; ceramic 2.0 1.8 1.8 2.1 1.9 2.1
products; glass and glassware
70. Glass and glassware 0.9 0.8 0.8 1.0 0.9 1.1
14 Natural or cultured pearls, precious or semi-precious 0.6 0.6 0.4 0.2 0.2 0.2
stones, precious metals
15 Base metals and articles of base metal 5.3 5.7 5.6 5.8 6.8 5.8
72. Iron and steel 1.7 1.5 1.8 1.7 3.3 2.4
73. Articles of iron or steel 2.0 2.6 2.2 2.2 1.8 1.8
76. Aluminium and articles thereof 0.6 0.6 0.6 0.8 0.8 0.7
16 Machinery and mechanical appliances; electrical 13.9 14.2 13.9 14.3 12.1 10.8
equipment; television image and sound recorders
84. Nuclear reactors, boilers, machinery and mechanical 8.4 8.9 8.5 8.6 7.3 6.4
appliances
85. Electrical machinery and equipment; sound recorders 5.4 5.3 5.3 5.6 4.8 4.4
and reproducers
17 Vehicles, aircraft, vessels and associated transport 8.8 8.8 9.0 9.1 8.0 6.6
equipment
87. Vehicles other than railway or tramway rolling-stock, 8.6 7.7 8.5 8.6 7.1 6.3
parts and accessories
18 Optical, photographic, precision, medical or surgical 1.8 1.7 1.8 1.7 1.1 1.2
instruments; clocks and watched; musical instruments
90. Optical, photographic, precision, medical instruments 1.5 1.5 1.5 1.4 0.9 1.0
and apparatus
- 99 -

Description 2017 2018 2019 2020 2021 2022


19 Arms and ammunition 0.0 0.0 0.1 0.2 0.0 0.0
20 Miscellaneous manufactured articles 2.5 2.3 2.4 2.4 1.9 1.9
94. Furniture; bedding, mattresses, mattress supports, 1.9 1.7 1.8 1.6 1.3 1.3
cushions and similar stuffed furnishings
21 Works of art, collectors' pieces and antiques 0.0 0.0 0.0 0.0 0.0 0.0
Other 0.4 0.1 0.0 0.0 0.0 0.0

Source: WTO Secretariat calculations, based on data provided by the authorities.


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Table A1. 3 Merchandise exports and re-exports by trading partner, 2017-22


(USD million and %)
Description 2017 2018 2019 2020 2021 2022
Total exports 1,364 1,961 1,653 1,251 1,481 1,901
Of which, re-exports 71 55 137 85 199 534
(% of exports)
Americas 61.0 52.0 57.4 66.9 71.5 79.4
United States 39.3 30.1 38.3 45.6 51.1 60.7
Other Americas 21.7 21.9 19.1 21.3 20.4 18.7
Canada 10.1 11.2 8.3 9.5 6.7 4.0
Antigua and Barbuda 0.5 0.4 0.5 0.5 0.6 1.4
Barbados 1.1 0.6 0.9 1.0 1.3 1.4
Guyana 0.7 0.4 0.5 1.6 0.9 1.4
Cayman Islands 1.1 0.7 0.9 1.5 1.4 1.4
Trinidad and Tobago 1.3 1.0 1.8 1.4 1.3 1.3
Haiti 0.3 0.1 0.1 0.9 1.0 1.2
Costa Rica 0.2 0.2 1.1 0.2 0.3 1.1
Saint Kitts and Nevis 0.1 0.1 0.1 0.4 1.4 0.7
Saint Lucia 0.7 0.5 0.6 0.5 0.5 0.5
Panama 0.1 0.1 0.3 0.4 0.5 0.5
Saint Vincent and the Grenadines 0.2 0.1 0.2 0.3 0.2 0.4
Europe 24.3 31.3 30.6 21.7 20.4 12.0
EU-27 15.3 14.4 16.2 9.8 12.3 5.2
Latvia 0.0 0.9 0.6 0.0 0.0 1.7
France 1.4 2.2 1.9 0.9 1.1 0.9
Netherlands 12.9 10.8 12.8 7.8 9.9 0.9
Croatia 0.0 0.0 0.0 0.0 0.0 0.5
Finland 0.0 0.0 0.0 0.0 0.0 0.3
EFTA 4.2 14.5 11.0 7.4 3.8 2.7
Iceland 4.2 0.0 7.0 6.7 2.0 2.3
Norway 0.0 14.5 3.9 0.0 0.0 0.3
Switzerland 0.0 0.0 0.1 0.7 1.8 0.1
Other Europe 4.8 2.4 3.5 4.6 4.3 4.1
United Kingdom 3.8 2.4 3.4 4.6 4.3 4.1
Commonwealth of Independent States (CIS)a 5.6 4.0 5.9 6.0 3.5 5.2
Russian Federation 4.0 4.0 4.0 5.5 3.0 5.2
Africa 3.0 0.7 1.7 1.4 1.1 0.5
Ghana 1.4 0.0 1.7 1.4 1.1 0.5
Middle East 1.0 0.1 0.4 0.5 0.9 1.0
Israel 0.0 0.0 0.3 0.4 0.9 0.6
United Arab Emirates 1.0 0.1 0.1 0.0 0.0 0.5
Asia 4.8 11.9 3.9 3.3 2.3 1.8
China 1.4 1.8 2.1 1.7 0.9 0.6
Japan 0.9 0.5 0.5 0.7 0.5 0.6
Other Asia 2.5 9.6 1.2 0.8 0.9 0.6
New Zealand 0.3 0.2 0.3 0.3 0.4 0.2
Chinese Taipei 0.1 0.1 0.1 0.1 0.1 0.1
Australia 0.1 0.0 0.0 0.0 0.1 0.1
Singapore 0.0 0.1 0.0 0.1 0.0 0.1
Korea, Republic of 0.1 0.1 0.1 0.1 0.1 0.1
Hong Kong, China 1.3 2.6 0.2 0.1 0.1 0.1
Other 0.2 0.1 0.1 0.2 0.2 0.0
Memorandum:
EU-28 19.0 16.8 19.6 14.3 16.6 9.3
Caribbean Community (CARICOM) 6.5 4.7 6.2 7.8 8.5 9.5

a Commonwealth of Independent States, including certain associate and former member States.

Source: WTO Secretariat calculations, based on data provided by the authorities.


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Table A1. 4 Merchandise imports by trading partner, 2017-22


(USD million and %)
Description 2017 2018 2019 2020 2021 2022
Total imports 5,537 6,171 6,403 4,765 5,971 7,731
(% of imports)
Americas 72.0 71.9 69.5 66.3 68.6 71.8
United States 44.5 44.8 45.8 40.4 40.6 41.7
Other Americas 27.5 27.1 23.7 26.0 28.1 30.1
Brazil 1.4 1.3 3.1 6.5 8.6 6.8
Trinidad and Tobago 5.3 5.7 2.7 2.9 2.3 5.7
Ecuador 0.1 2.3 1.8 0.1 0.4 2.5
Colombia 5.1 5.8 5.1 2.9 2.9 2.3
Mexico 3.8 2.6 1.9 2.3 1.9 2.0
Dominican Republic 1.7 1.1 1.1 1.5 1.9 1.7
Canada 1.8 2.1 1.7 2.1 1.8 1.5
Panama 1.6 1.1 1.2 1.5 1.3 1.4
Costa Rica 1.1 1.0 0.9 1.1 1.0 1.0
Guatemala 0.7 0.6 0.5 0.8 0.8 0.8
Suriname 0.7 0.7 0.7 0.9 0.9 0.8
Guyana 0.7 0.7 0.5 0.7 0.6 0.6
Barbados 0.5 0.4 0.4 0.5 0.7 0.5
Argentina 0.1 0.1 0.1 0.1 0.2 0.5
Uruguay 0.1 0.4 0.5 0.7 0.6 0.5
Europe 9.9 11.1 11.0 11.7 11.2 10.6
EU-27 7.0 7.8 7.1 7.5 6.0 6.0
Germany 1.6 1.7 1.5 1.7 1.5 1.4
Netherlands 0.9 1.2 1.0 1.6 1.3 1.0
Spain 0.8 1.4 1.5 1.1 0.6 0.9
France 0.9 1.6 0.7 0.8 0.7 0.6
Italy 0.4 0.5 0.4 0.5 0.4 0.4
EFTA 0.7 0.7 0.7 0.9 0.8 0.7
Norway 0.3 0.3 0.3 0.5 0.4 0.4
Switzerland 0.4 0.4 0.4 0.4 0.4 0.4
Other Europe 2.1 2.6 3.2 3.4 4.4 3.8
Türkiye 0.9 1.2 1.6 1.8 3.2 2.7
United Kingdom 1.1 1.4 1.5 1.6 1.3 1.2
Commonwealth of Independent States
a 0.0 0.0 0.0 0.0 0.1 0.2
(CIS)
Russian Federation 0.0 0.0 0.0 0.0 0.1 0.2
Africa 1.5 1.1 1.5 2.5 2.8 0.7
Nigeria 1.3 1.0 1.4 2.4 2.7 0.6
South Africa 0.1 0.1 0.1 0.1 0.1 0.1
Middle East 0.2 0.1 0.2 0.2 0.2 0.2
Israel 0.1 0.1 0.1 0.1 0.1 0.1
United Arab Emirates 0.1 0.0 0.1 0.1 0.0 0.1
Asia 16.4 15.8 17.8 19.2 17.1 16.5
China 6.5 6.5 7.7 8.2 7.8 7.4
Japan 4.8 4.2 4.7 4.4 3.5 3.1
Other Asia 5.1 5.2 5.5 6.6 5.9 6.0
India 1.0 0.9 1.0 1.3 1.4 1.4
Thailand 1.3 1.4 1.3 1.4 1.2 1.2
Hong Kong, China 0.6 0.6 0.5 0.9 0.6 0.6
Korea, Republic of 0.5 0.5 0.5 0.7 0.8 0.6
New Zealand 0.4 0.4 0.4 0.5 0.4 0.5
Indonesia 0.3 0.3 0.3 0.3 0.3 0.5
Other 0.0 0.0 0.0 0.0 0.0 0.0
Memorandum:
EU-28 8.2 9.2 8.7 9.1 7.2 7.2
Caribbean Community (CARICOM) 8.2 7.9 4.8 5.4 5.3 8.2

a Commonwealth of Independent States, including certain associate and former member States.

Source: WTO Secretariat calculations, based on data provided by the authorities.


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Table A2. 1 Notifications, 1 January 2017-31 March 2024


Notification Type of measure Periodicity Notification symbol (latest if regular
requirements notifications)
Agreement on Agriculture
Articles 10 and Export subsidies (total Regular Annual G/AG/N/JAM/15, 06/07/2017
18.2 ES:1 exports)
Article 18.2 DS:1 Domestic support (total Regular Annual G/AG/N/JAM/16, 07/07/2017
aggregate measurement of
support)
Transparency Mechanism for Preferential Trade Arrangements (PTAs)
Transparency Modification/withdrawal of Ad hoc WT/COMTD/RTA15/N/1/Add.148/Suppl.1,
Mechanism for the RTA's preferential 14/02/2022
Regional Trade treatment or disciplines.
Agreements Changes to be notified
(WT/L/671), include, inter alia,
para. 14 modifications to the
Enabling Clause, preferential treatment Ad hoc WT/COMTD/RTA15/N/1/Add.141,
para. 4(a) between the parties and to 20/03/2020
the RTA's disciplines WT/COMTD/RTA15/N/1/Add.148,
20/03/2020
WT/COMTD/RTA15/N/1/Add.156,
20/03/2020
General Agreement on Trade in Services (GATS)
Article V:7(a) Conclusion of, or accession One time S/C/N/1025/Add.1, 05/05/2021
to, an Economic Integration S/C/N/1025, 07/01/2021
Agreement
Agreement on the Implementation of Article VI of the GATT 1994
Article 16.4 Anti-dumping actions (taken Regular G/ADP/N/384/Add.1, 19/10/2023
within the preceding Semi-annual
6 months)
GATT
Article XXIV:7(a) Conclusion of, or accession One time WT/REG420/N/1/Add.1, 05/05/2021
to, a customs union, an WT/REG420/N/1, 07/01/2021
FTA, or an interim
agreement leading to one or
the other
Agreement on Import Licensing Procedures
Article 1.4(a) Sources in which the Ad hoc G/LIC/N/2/JAM/4, 29/11/2023
information concerning
import licensing procedures
are published
Articles 5.1, 5.2, Institution of licensing Ad hoc G/LIC/N/2/JAM/4, 29/11/2023
5.3, 5.4 procedures or changes in
these procedures
Article 7.3 Replies to the Annual Regular Annual G/LIC/N/3/JAM/6, 29/11/2023
Questionnaire on import
licensing procedures
Article 8.2(b) Changes in laws/regulations Ad hoc G/LIC/N/2/JAM/4, 29/11/2023
relevant to the agreement
and in the administration
of such laws and regulations
Agreement on Trade Facilitation
Article 1.4 Notify the official place(s) One time G/TFA/N/JAM/3, 26/01/2023
for items listed in
Article 1.1.1, URLs for
websites in Article 1.2.1,
contact information for
enquiry points in
Article 1.3.1
Article 10.4.3 Notify details of the One time G/TFA/N/JAM/3, 26/01/2023
operation of the single
window
Article 10.6.2 Notify measures on the use One time G/TFA/N/JAM/3, 26/01/2023
of customs brokers
- 103 -

Notification Type of measure Periodicity Notification symbol (latest if regular


requirements notifications)
Article 12.2.2 Notify contact point for the One time G/TFA/N/JAM/3, 26/01/2023
exchange of information,
where there are doubts
about the accuracy of the
information provided in an
import/export declaration
Articles 15 and Designation of provisions in One time G/TFA/N/JAM/1/Add.2, 30/08/2019
16 Category Section I of the TFA to be G/TFA/N/JAM/1/Add.1, 16/08/2018
designation implemented according to G/TFA/N/JAM/1, 12/10/2017
the categories set out in
Article 13
Article 22.3 Members seeking assistance One time G/TFA/N/JAM/2/Rev.1, 02/04/2020
and support for capacity-
building: contact points of
TACB-coordinating agency
(TACB: technical assistance
and capacity-building)
Agreement on Subsidies and Countervailing Measures
Article 25.11 Countervailing duty actions Regular G/SCM/N/407/Add.1, 19/10/2023
(taken within the preceding Semi-annual
6 months)
Agreement on the Application of Sanitary and Phytosanitary Measures
Article 7 and Draft SPS regulation Ad hoc G/SPS/N/JAM/15, 26/03/2018
Annex B, para. 5
notification of
draft SPS
regulations
Agreement on Technical Barriers to Trade
Article 2.10 Technical regulations Ad hoc G/TBT/N/JAM/119, 16/10/2023
(urgent) G/TBT/N/JAM/106, 22/12/2021
G/TBT/N/JAM/104, 22/12/2021
G/TBT/N/JAM/93, 30/04/2020
Article 2.9 Technical regulations Ad hoc G/TBT/N/JAM/122, 15/01/2024
G/TBT/N/JAM/55, 14/03/2017

Source: Compiled by the WTO Secretariat, based on notification documents.


- 104 -

Table A3. 1 Summary analysis of MFN tariff, 2023


Description MFN MFN
No. of Average Range Coefficient Including Bound range b
lines (%) (%) of variation Additional (%)
(CV) Stamp Duty
(ASD)a (%)
Total 7,946 10.4 0 100 1.3 12.2 0 100
HS 01-24 1,745 23.8 0 100 0.8 32.0 0 100
HS 25-97 6,201 6.7 0 50 1.3 6.7 0 100
By WTO category
WTO agriculture 1,453 20.8 0 100 0.9 30.6 0 100
Live animals and meat 207 27.8 0 100 0.7 41.4 100
Dairy products 55 31.8 0 75 0.8 34.0 100
Fruits, vegetables, and plants 384 26.9 0 100 0.7 40.4 100
Coffee, tea, cocoa, and spices 67 20.2 0 40 0.8 20.2 100
Cereals and cereal preparations 152 11.7 0 40 0.9 15.3 100
Oilseeds, fats, and oils 110 15.9 0 40 1.2 26.6 50 100
Sugars and confectionery 26 24.8 0 40 0.7 28.5 100
Beverages, spirits, and tobacco 185 29.3 0 40 0.4 49.4 100
Cotton, silk, and wool 26 0.0 0 0.0 0.0 100
Other agricultural products n.e.s. 241 5.9 0 40 2.1 8.5 0 100
WTO non-agriculture
6,493 8.1 0 50 1.3 8.1 0 100
(incl. petroleum)
Fish and fishery products 368 31.0 0 40 0.5 31.0 50 100
Minerals and metals 1,202 5.0 0 40 1.5 5.2 0
50
Petroleum 44 8.2 0 30 1.0 8.2 50
Chemicals 1,286 3.8 0 40 1.9 3.8 10 100
Wood, paper, furniture 404 8.8 0 20 0.9 8.8 3.5 50
Textiles 636 3.6 0 20 2.1 3.6 10 50
Clothing 282 19.8 0 20 0.1 19.8 50
Rubber, leather, and footwear 184 8.7 0 40 1.1 8.7 0 50
Mechanical, office, and
580 1.3 0 25 3.5 1.3 0 50
computing machinery
Electric machinery and electronic
403 8.8 0 25 1.1 8.8 0 50
equipment
Transport equipment 607 10.4 0 30 0.9 10.4 3.5 50
Other manufactures 497 12.4 0 50 0.8 12.4 50
By HS section
01 Live animals and products 588 30.8 0 100 0.6 35.1 50 100
02 Vegetable products 621 19.1 0 100 1.0 28.7 0 100
03 Fats and oils 58 26.1 0 40 0.7 39.4 50 100
04 Prepared food, etc. 478 20.9 0 40 0.6 31.4 50 100
05 Minerals 207 4.8 0 40 1.6 4.8 0 50
06 Chemical and products 1,167 3.5 0 40 2.0 3.5 10 100
07 Plastics and rubber 258 6.8 0 40 1.2 6.8 0 50
08 Hides and skins 83 7.6 0 20 1.3 7.6 7.5 100
09 Wood and articles 187 9.5 0 20 0.7 9.5 3.5 50
10 Pulp, paper, etc. 173 5.8 0 20 1.5 5.8 15 50
11 Textile and articles 911 8.2 0 20 1.2 8.2 10 100
12 Footwear, headgear 67 16.4 0 20 0.4 16.4 50
13 Articles of stone 215 8.4 0 20 1.0 8.4 50
14 Precious stones, etc. 64 12.7 0 20 0.6 12.7 50
15 Base metals and products 797 4.0 0 20 1.8 4.2 3.5 50
16 Machinery 964 4.1 0 25 1.9 4.1 0 50
17 Transport equipment 610 10.4 0 30 0.9 10.4 3.5 50
18 Precision equipment 238 7.5 0 20 1.1 7.5 50
19 Arms and ammunition 23 35.7 0 50 0.4 35.7 50
20 Miscellaneous manufactured 216 15.5 0 20 0.4 15.5 50
21 Works of art, etc. 21 20.0 20 0.0 20.0 50

a The Secretariat calculations include only the tariff lines subject to an ad valorem ASD (i.e. 387). The impact of the
non-ad valorem ASD that applies to 13 lines on overall border protection was not possible to estimate as there are
no corresponding AVEs; in this case only the ad valorem MFN tariff was included.
b Bound rates are provided in HS17 classification and applied rates in HS22; therefore, there may be a difference
between the number of lines included in the calculation.

Source: WTO Secretariat calculations, based on data provided by the authorities.


- 105 -

Table A3. 2 Tariff lines where the ASD rate is greater than the ODC bound rate
HS code Product description ASD rate ODC
(%) bound rate
(%)
0207110000 Not cut in pieces, fresh or chilled 80.00 15
0207130010 Poultry cut i.e. chicken leg quarters, chicken legs, thighs, and drum 80.00 15
sticks, fresh or chilled
0207130020 Chicken wings, fresh or chilled 80.00 15
0207240000 Not cut in pieces, fresh or chilled 32.86 15
0207260010 Turkey drumsticks, fresh or chilled 32.86 15
0207260020 Turkey wings, fresh or chilled 28.57 15
0210110000 Hams, shoulders, and cuts thereof, with bone in 65.00 15
0210121000 Bacon 65.00 15
0210129000 Other 55.00 15
0210191090 Other meat and edible offal of swine salted or in brine 77.14 15
0210199010 Meat of swine, smoked 55.00 15
0210199020 Meat of swine naturally dried 55.00 15
0210199030 meat of swine artificially dried 55.00 15
0210201000 Salted or in brine 77.14 15
0210202010 Meat of bovine animals. dried naturally 55.00 15
0210202020 Meat of bovine animals, dried artificially 55.00 15
0402910010 Evaporated milk (unsweetened condensed) 35.00 15
0402991010 Sweetened evaporated milk 35.00 15
0407900000 Other 32.86 15
0408110000 Dried 32.86 15
0408190000 Other 32.86 15
0408910000 Dried 32.86 15
0408990000 Other 32.86 15
0703102000 Shallots (eschalots) 35.71 15
0704101000 Cauliflowers 32.86 15
0704109000 Other 32.86 15
0707002000 Gherkins 32.86 15
0708100000 Peas (Pisum sativum) 32.86 15
0708209010 Red kidney beans, fresh or chilled 35.71 15
0708909000 Other 32.86 15
0709400000 Celery other than celeriac 32.86 15
0710221010 String beans, uncooked and frozen, for use in industry 77.14 15
0710222010 Other beans, uncooked and frozen, nesoi 77.14 15
0710803010 Carrots uncooked and frozen 77.14 15
0710804010 Carrots, nesoi; uncooked and frozen 32.86 15
0712200020 Onions naturally dried 80.00 15
0712200030 Onions, artificially dried 80.00 15
0712310020 Mushrooms naturally dried 80.00 15
0712310030 Mushrooms artificially dried 80.00 15
0712320020 Wood ears (Auricularia spp.) naturally dried 80.00 15
0712320030 Wood ears (Auricularia spp.) artificially dried 80.00 15
0712330020 Jelly fungi (Tremella spp.) naturally dried 80.00 15
0712330030 Jelly fungi (Tremella spp.) artificially dried 80.00 15
0712340020 Shiitake (Lentinus edodes) naturally dried 86.00 15
0712340030 Shiitake (Lentinus edodes) artificially dried 86.00 15
0712390020 Jelly fungi, wood ears, mushrooms, and truffles, nesoi naturally dried 80.00 15
0712390030 Jelly fungi, wood ears, mushrooms, and truffles, nesoi artificially dried 80.00 15
0712909020 Other vegetables, naturally dried, nesoi 80.00 15
0712909030 Other vegetables, artificially dried, nesoi 80.00 15
0713331000 Red kidney beans 35.71 15
0713600000 Pigeon peas 61.74 15
0713900020 Pigeon peas, dried, shelled for sowing 80.00 15
0804100010 Dates, fresh or naturally dried 32.86 15
0804100020 Dates artificially dried 32.86 15
0804300010 Pineapples, fresh 32.86 15
0804300020 Pineapples, naturally dried 32.86 15
0804300030 Pineapples, artificially dried 32.86 15
0805100010 Oranges, fresh 32.86 15
0805100020 Oranges, naturally dried 32.86 15
0805100030 Oranges, artificially dried 32.86 15
0805211010 Ugli fruit, fresh or naturally dried 32.86 15
0805211020 Ugli fruit artificially dried 32.86 15
0805219010 Other, fresh, or naturally dried 32.86 15
0805219020 Other, artificially dried 32.86 15
0805220010 Clementines, fresh or naturally dried 32.86 15
0805220020 Clementines, artificially dried 32.86 15
0807110000 Watermelons 32.86 15
0807191000 Cantaloupes 32.86 15
0807192000 Muskmelons 32.86 15
- 106 -

HS code Product description ASD rate ODC


(%) bound rate
(%)
0807199000 Other 32.86 15
0807200000 Papaws (papayas) 32.86 15
0808100000 Apples 32.86 15
0810903000 Passion fruit 32.86 15
0810904000 Soursop 32.86 15
0810908000 Christophine (chayote) 32.86 15
0810909000 Other 32.86 15
0812100000 Cherries 61.74 15
0812901000 Pineapples 61.74 15
0812909000 Other 61.74 15
0813100000 Apricots 33.04 15
0813300000 Apples 61.74 15
0813400000 Other fruit 61.74 15
0813500000 Mixtures of nuts or dried fruits of this Chapter 33.04 15
1104230000 Of maize (corn) 28.58 15
1515110000 Crude oil 57.14 0
1601004010 Sausages and similar products of pork, beef, and veal, canned 55.00 15
1601009010 Sausages and similar products of pork, beef, and veal, not canned 55.00 15
1602109010 Homogenized preparations of pork, beef or veal 61.74 15
1602410000 Hams and cuts thereof 55.00 15
1602420000 Shoulders and cuts thereof 55.00 15
1602491000 Luncheon meat 55.00 15
1602499090 Cuts of swine, prepared or preserved, nesoi 55.00 15
1602509010 Boneless beef trimmings and mince, prepared or preserved 55.00 15
1602509090 Meat or meat offal of bovine animals, prepared or preserved, nesoi 55.00 15
1704901000 Guava cheese 33.33 15
2002903000 Other, in packages not less than 50 kg 77.14 15
2002909000 Other 55.00 15
2006002000 Glacé cherries 55.00 15
2006009020 Fruits, nesoi, peanuts, preserved by sugar (drained, glace, crystallized) 61.74 15
2007991000 Fruit puree and fruit paste, not in retail packages 61.74 15
2009212000 Other, in packages put up for retail sale, not concentrated 32.86 15
2009213000 Other, not concentrated 32.86 15
2009219000 Other, concentrated 32.86 15
2009319100 For infant use, in packages put up for retail sale 69.09 15
2009319200 Other in packages put up for retail sale 32.86 15
2009319900 Not in packages put up for retail sale 32.86 15
2009391100 For infant use, in packages put up for retail sale 69.09 15
2009391200 Other, in packages put up for retail sale, concentrated 32.86 15
2009391300 Other, in packages put up for retail sale, not concentrated 32.86 15
2009391900 Not in packages put up for retail sale 32.86 15
2009399100 For infant use, in packages put up for retail sale 69.09 15
2009399200 Other, in packages put up for retail sale 32.86 15
2009399900 Not in packages put up for retail sale 32.86 15
2009901000 Mixtures of grapefruit juice and orange juice, for infant use, in 69.09 15
packages put up for retail sale
2009903000 Other mixtures of orange juice with other juice 32.86 15
2009905000 Other mixtures of pineapple juice with other juice 55.00 15
7608100010 Tubes and pipes, anodized, milled finished or colour anodized finished 20.00 15
extrusions
7608100030 Extruded pipes and fittings 25.00 15
7608200010 Tubes and pipes, anodized, milled finished or colour anodized finished 20.00 15
extrusions
7608200030 Extruded pipes and tubes 25.00 15

Source: WTO Secretariat.


- 107 -

Table A3. 3 Export requirements, 2017 and 2023


HS code Product description Approval Authority Other documents
document required
9306 Ammunition (explosives and Export Trade Board Approval from the
firearms) licence Limited Commissioner of Police
(TBL)
0106.20.90 Crocodiles Export TBL Approval from the National
(no longer requires a licence licence Environment Planning
from the TBL) Agency (NEPA)
0511.99 Crocodile eggs Export TBL Approval from NEPA
(no longer requires a licence licence
from the TBL)
0407; 0408 Eggs Export TBL Approval from the Ministry
(no longer requires a licence licence of Industry, Investment and
from the TBL) Commerce (MIIC) and the
Ministry of Agriculture,
Fisheries and Mining (MAFM)
9706 Antique furniture Export TBL
licence
7108 Gold bullion and fully or Export TBL
semi-manufactured gold licence
71 Jewellery, excluding those from Export TBL
earth metals licence
26 Ores, minerals, and metal, Export TBL Approval from the Ministry
including bauxite, alumina, and licence of Energy, Science, and
gypsum Technology
(no longer requires a licence
from the TBL)
9701.21; 9701.91 Painting (antiques) Export TBL
licence
.. Plasma, in any form Export TBL Approval from the Ministry
licence of Health
17 Sugar Export TBL Approval from the Sugar
licence Industry Authority
1701 Brown sugar Export TBL Approval from the Sugar
licence Industry Authority
.. Wood Lignum vitae and log Export TBL Approval from the MIIC and
wood, only licence the MAFM
2709; 2710 Petroleum products Export TBL Approval from the
(no longer requires a licence for licence Commissioner of Mines
the TBL)
87 Motor vehicles and motorized Export TBL
equipment licence
0904.11.00; Pimento Export TBL Approval from NEPA and
0904.12.00; (no longer requires a licence licence Plant Quarantine Division
0904.21.20 from the TBL)
7112.91 Scrap gold/silver Export TBL
licence
.. Scrap jewellery Export TBL Approval from the Jamaica
licence Customs Agency
7112; 7204; 7404; Scrap metal, including scrap Export TBL Approval from the Jamaica
7503; 7602; 7802; batteries licence Customs Agency
7902; 8002;
8101.97; 8102.97;
8103.30; 8104.20;
8106.90; 8108.30;
8109.3; 8110.20;
8112.13; 8549.11
01; 02; 05 Animal and animal products Export MAFM Veterinary Division
permit
06 Plants and plant products, Export MAFM Plant Quarantine Division
including spices and pimento permit
greater than 2 lbs
68 Rocks, stones, soil, alumina, Export Mines and
cement permit Geology
Division
0901.11; 0901.12 Coffee: green beans Export Coffee
permit Industry
Board
0901.90 Coffee: roasted coffee over 5 kg Export Coffee
permit Industry
Board
- 108 -

HS code Product description Approval Authority Other documents


document required
0801.11; 0801.12 Coconut products Export Coconut
permit Industry
Board
0508.00 Conch Export NEPA
permit
0508.00 Coral Export NEPA
permit

.. Not available.

Source: Information provided by the authorities; Jamaica Customs Agency, Exporting. Viewed at:
https://www.jacustoms.gov.jm/tags/Exporting; and TBL, Export Permit. Viewed at:
https://www.tradeboard.gov.jm/ttbl/exportpermits.php.
- 109 -

Table A3. 4 Regulatory framework for animal health, plant protection, food safety, and
biosafety
Legislation Last Animal Plant Food Biosafety
amended health protection safety
Animals (Diseases and Importation) Act,
1969 X X
1948
Rabies Regulations, 1948 1968 X
Anthrax Regulations, 1948 1968 X
Swine Fever Regulations, 1948 1968 X
Epizootic Abortion Regulations, 1948 1968 X
Diseases of Poultry Regulations, 1949 1968 X
Foot-and-Mouth Disease Regulations, 1954 1968 X
Infectious Keratitis Regulations, 1958 1968 X
Equine Encephalomyelitis Regulations, 1962 n.a. X
Bovine Brucellosis or Contagious Abortion
n.a. X
(Eradication) Regulations, 1968
Animals (Diseases and Importation)
n.a. X
(Slaughter Fees) Regulations, 1999
Animals Diseases (Importation) Control
1989 X
Regulations, 1948
Poultry (Application of Act) Order, 1949 1959 X
Bees Control Act, 1918 n.a. X X
Fertilizers and Feeding Stuffs Act, 1942 n.a. X X
Fertilizers and Feeding Stuffs Regulation,
n.a. X X
1945
Food and Drugs Act, 1975 1996 X X
Food and Drugs Regulation, 1975 2003 X
Food Storage and Prevention of
1973 X
Infestation Act, 1958
Meat and Meat Products and Meat
By-Products (Inspection and Export) Act, 1999 X
1999
Pesticides Act, 1987 1996 X X
Pesticides Regulations, 1996 2009 X X
Pesticides (Maximum Residue Limits in
Crops, Food, and Animal Feed) Regulations, n.a. X X X
2017
Plants (Quarantine) Act, 1994 n.a. X X
Plants (Importation) Control Regulations,
2005 X X
1997
Citrus Plant (Certification) Regulation, 1999 n.a. X
Plants (Quarantine) (Frosty Pod Rot of
n.a. X
Cocoa, Moniliophthora Roreri) Order, 2017
Processed Food Act, 1959 2017 X
Processed Food (Establishments)
1964 X
Regulations, 1959
Processed Goods (General) Regulations,
1983 X
1959
Processed Foods (Inspection and Sampling)
1976 X
Regulations, 1959
Processed Foods (Grades and Standards)
1983 X
Regulations, 1974
Processed Foods (Prepared Syrups)
n.a. X
Regulations, 1974
Processed Foods Regulations, 2002 n.a. X
Public Health Act, 1985 1996 X X
Public Health (Butchers) Regulations, 1989 n.a. X
Public Health (Meat Inspection) Regulations,
n.a. X
1989
Public Health (Food Handling) Regulations,
n.a. X
2000
Public Health (Nuisance) Regulations, 2001 n.a. X

n.a. Not applicable.

Source: Compiled by the WTO Secretariat, based on relevant legislation.


- 110 -

Table A3. 5 Overview of IP protection, 2017-23


(Changes introduced since 2017 are highlighted in grey)
Requirements Protection Rights Term of protection Selected exclusions and
granted through conferred limitations
Inventions
Be new (absolute Patents Exclusive 20 years from the Exclusions are listed in
novelty); have an rights date of filing, Section 8 of the Patents and
inventive step; have non-renewable Designs Act, 2020, including
industrial application plants and animals other than
microorganisms; essentially
biological processes for the
production of plants and
animals other than non-
biological and microbiological
processes; plant and seed
varieties; serious prejudice to
the environment or injury to
human, animal, or plant life or
health; methods of surgical
and therapeutic treatment;
business methods; and
computer programs.
Be new; have industrial Utility models Exclusive 10 years from the Exclusions equivalent to
application rights date of filing, patents.
non-renewable
Industrial designs
Be new (absolute Registration Exclusive 5 years from the Exclusions are listed in
novelty); have rights date of filing, Section 83(7) of the Patents
individual characters; be renewable for two and Designs Act, 2020,
not contrary to public consecutive 5-year including official names,
order or morality period symbols, and emblems;
copyrights; trademarks;
traditional knowledge or
cultural expressions.
Trademarks
Signs that are capable Registration Exclusive 10 years, renewable Absolute grounds for refusal of
of distinguishing the rights indefinitely for registration (non-registrable
goods or services of one successive 10-year trademarks) are listed in
undertaking from those terms Section 11 of the Trademarks
of another undertaking. Act, 1999, e.g. signs that are
Non-traditional contrary to public policy or
trademarks can be morality, or misrepresent or
registered, including misappropriate traditional
visible signs (3D marks, knowledge (TK) and traditional
colour marks, cultural expressions (TCEs) of
holograms, motion, indigenous or local
multimedia, and pattern communities. Relative grounds
marks) and non-visible for refusal of registration are
signs (sound, olfactory, listed in Section 13
taste, and tactical (registration may be refused if
marks). Collective a trademark is identical or
marks, certification similar with an earlier
marks, and well-known trademark). In addition,
marks can be registered trademarks that consist of or
contain Jamaican emblems
(such as the name "Jamaica",
the map of Jamaica, or the
national colour of Jamaica)
may be registered, subject to
limitations (Section 12).
GIs
Qualities, Registration Right to use Indefinite Exceptions to the protection of
characteristics, or GIs (wines and spirits) include
reputation of the prior use and good faith use
product is essentially (Section 19). The concurrent
due to the place of use of homonymous GIs
origin (wines) is allowed if a suitable
differentiation is made
between the products
(Section 5).
- 111 -

Requirements Protection Rights Term of protection Selected exclusions and


granted through conferred limitations
Layout-designs of integrated circuits
Be original Automatic Exclusive 10 years from the No protection for ideas,
protection rights date of first concepts, processes,
commercial principles, systems,
exploitation procedures, or discoveries.
anywhere in the
world (not
renewable)
Copyright
Literary, dramatic, Automatic Exclusive Life of the author + Limitations or exceptions to
musical, and artistic protection moral and 95 years for literary, copyrights are allowed if
works, films, sound economic dramatic, musical, (i) they relate to certain
recordings, broadcasts rights and artistic works; specific use (e.g. exception to
and cable programmes, 95 years from copyright is allowed for
typographical creation or first teaching); (ii) they do not
arrangements, publication for films, conflict with a normal
compilations of data and sound recordings, exploitation of the work; or
original database broadcasts, and (iii) they do not unreasonably
cable programmes; prejudice the legitimate
50 years for interest of the rights holder.
typographical
arrangements

Source: Compiled by the WTO Secretariat, based on relevant IP laws.

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