Update on TCL's Contempt of Court Application Against Guyana

Guyana’s Application for an Extension of Time Dismissed.

October 14, 2009

Claxton Bay, Trinidad:

In a telephone hearing held today, the Caribbean Court of Justice (CCJ) dismissed Guyana’s Application for an Extension of Time for its compliance with the Court’s order to implement the Common External Tariff (CET) on cement from non-CARICOM sources.

In considering the Application for Contempt of Court by Trinidad Cement Limited (TCL) and subsidiary TCL Guyana Inc. (TGI) against the Government of Guyana, the Judges directed:

• That Guyana file its arguments in opposition to TCL’s Application within 14 days.
• That within 7 days of receiving Guyana’s arguments, TCL to file its response.
• That Guyana pay the claimant’s (TCL) cost of filing the Application.

The Court stated that they regard the Contempt matter as a serious and complicated issue and that it has to be heard in open Court. The TCL Group continues to be hopeful that Guyana will remedy the state of affairs expeditiously so that the CET on imported cement into that country re-established.

Background
On August 20, 2009 the CCJ had ruled that the Government of Guyana was in breach of the Revised Treaty of Chaguaramas (RTC) by failing to apply the CET on cement and thus, ordered that within twenty –eight (28) days from that date, Guyana implement and thereafter maintain the CET in respect of cement from non-CARICOM sources. The time for compliance with the Order of the Court expired on September 17, prompting TCL and TGI to file an application on October 06, 2009 in the CCJ against the Government of Guyana requesting the CCJ to hold Guyana in Contempt of Court for failing to implement the CET on cement from non-CARICOM sources as ordered by the Court.