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WT/TPR/M/282/Add.1

16 October 2013

(13-5675) Page: 1/33

Trade Policy Review Body 10 and 12 June 2013

Original: English/ anglais/ inglés

TRADE POLICY REVIEW

SURINAME

MINUTES OF THE MEETING

Addendum

Chairperson: H.E. Mr. Eduardo Muñoz Gómez (Colombia)

This document contains the advance written questions and additional questions by WTO Members, and replies provided by Suriname.1 Organe d'examen des politiques commerciales 10 et 12 juin 2013

EXAMEN DES POLITIQUES COMMERCIALES

SURINAME

COMPTE RENDU DE LA RÉUNION

Addendum

Président: S.E. M. Eduardo Muñoz Gómez (Colombie)

Le présent document contient les questions écrites communiquées à l'avance par les Membres de l'OMC, leurs questions additionnelles, et les réponses fournies par le Suriname.1 Órgano de Examen de las Políticas Comerciales 10 y 12 de junio de 2013

EXAMEN DE LAS POLÍTICAS COMERCIALES

SURINAME

ACTA DE LA REUNIÓN

Addendum

Presidente: Excmo. Sr. Eduardo Muñoz Gómez (Colombia)

El presente documento figuran las preguntas presentadas anticipadamente por escrito y las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por Suriname.1

1 In English only./En anglais seulement./En inglés solamente.

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BRAZIL

Questions regarding the Secretariat Report

ECONOMIC ENVIRONMENT - Economic Diversification

(1) In paragraph 1.3, the Government's Report mentions efforts in order to further diversify the economy with more foreign investments in key areas such as the gold, bauxite, palm oil, soya bean oil, sugar cane and fishery sectors. The Report also describes, in subsequent sections, the performance achieved in the last few years.

Could Suriname please elaborate on how it intends to give continuity to those policies in the next few years? It would be of particular interest to have information on the diversification of products and also of export destinations.

Efforts to further diversify the economy with more foreign investments in key areas.

The recent international economic developments were accompanied by a sustained increase in gold and international oil prices, Suriname's major commodity exports. The Surinamese economy is likely to continue expanding at a respectable pace in 2013 and over the medium term as a result from the abovementioned international prices and large private and public investment in the mining, oil, energy and transportation sectors etc.

Once completed, these projects are expected to raise the country's growth potential, boost government revenue, and strengthen the balance of payments.

Suriname's Economic Outlook:

In the early years of the plan period 2012 – 2016, it is assumed that revenues will be boosted by large planned gold projects (probably an expansion) which would come in line, such as the gold mine of Rosebel Gold Mines N.V. (IAMGOLD) at Rosebel in the Brokopondo region. It is expected that the Suriname Gold Company L.L.C. (Newmont) will probably set up a new gold mine in the Merian region East of Suriname.

The Staatsolie Maatschappij Suriname N.V. profitability and contribution to the budget will be boosted 2015, once the refinery at Tout Lui Faut, currently under construction, is completed.

The new refinery will expand the product portfolio with new petroleum products such as gas for cars and the demand for import gas will be reduced.

Staatsolie Maatschappij Suriname is also executing an important ethanol project in the western part of the country with Brazilian expertise.

A successful outcome of this project in the long term will diversify the energy sector of the country and the export portfolio.

Suriname is currently negotiating two (2) major gold operations deals with foreign investors. For the first time in history, the participation of the Government will exceed 20% and this is a conscious strategic choice.

The bauxite sector still suffers from the 2008 recession and expanded production of Chinese aluminum companies have made the recovery more difficult. A plan for an integrated bauxite operation in the Western part of Suriname is still on the table.

In the agricultural branch, programs are being executed for cassava, fruits and vegetables (not only rice and bananas) pig farming and small ruminants.

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Over the medium term, the government agreed to press ahead with meaningful structural reforms that would strengthen the country's human capital and institutions, thereby helping to diversify economic activity in Suriname.

To that effect the following actions/policy measures have been taken as part of the Industry Policy:

Establish 2 ( two) sustainable programmes of clusters in Agribusiness and Tourism;

To formulate a long tern integrated Industry Master Plan for relevant sectors;

Implementing an assessment on the current investment climate in terms of the legal, physical and institutional framework; developing new resourced based projects on the basis of acquired knowledge and technology.

Authorities are making commendable strides to improve the business environment by removing red tape, reducing the time for land registration and establishing companies, improving access to capital for Small and Medium Sized Companies, improving the competitiveness position of Suriname, improving the World Bank ranking of Suriname on the Ease of Doing Business List with the assistance of the IDA International of Singapore, dealing with the issue of innovation in businesses, trade facilitation with the assistance of UNCTAD, export support with the assistance of the Caribbean Export Development Agency (CEDA), etc.

The Government of Suriname is actively creating more Market Access for our goods and services.

The Economic Partnership Agreement with the European Union was signed in 2008.

Suriname participates in Caricom bilateral with Canada, and just last week, a framework for a Trade and Investment Agreement was signed with the United States.

Suriname plans to become an associated member of Mercosur (Brazil, Argentina, Uruguay, Paraguay, and Venezuela) by 2014.

Within the South American Integration process, Suriname also participates in Celac and Fealac talks.

The Latin American countries are currently expanding market access opportunities with Africa.

Suriname signed an agreement with the OIC last week which opens the door for expanded trade opportunities with the Far East.

ECONOMIC ENVIRONMENT - Infrastructure

(2) In Section 3.1.6, the Government's Report mentions initiatives in maritime transport. It is highlighted that with the modernization of the Port of Paramaribo, the processing capacity of containers has increased 25%.

Could Suriname please elaborate on the measures to strengthen maritime transport, taking into account the ongoing economic diversification policy? What are the planned investments and priorities for the modernization and expansion of port activities in the country?

A major renovation takes place in the port of Paramaribo financed by the EU and local banks.

The port of Paramaribo was run in such an effective way in the last years that it received an award for the best port in the Caribbean.

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The port of Nieuw Nickerie in the western part is also being renovated. That port is important for rice exports.

The Government plans to deepen the Suriname River which leads to the port of Paramaribo, which will open the door for larger vessels.

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CHINA


TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES

(3) Page 21（Para2.31）"the OP also recognizes that most economic growth in the next five years will be generated by the mining sector.…"

Does Suriname allow constant foreign investments in the mining sector? Are there any restrictions?

Suriname welcomes investments in the mining sector without restrictions, provided that the investments are in line with Government policy objectives.

Page 21（Para2.32）"…The authorities intend to establish a Suriname Trade, Investment and Export Promotion Agency."

Paragraph 2.3.1 mentioned that the Ministry of Trade (MIT) of Suriname is responsible for coordinating relevant authorities in trade policy formulation. What's the difference between the new Suriname Trade, Investment and Export Promotion Agency and the MIT in terms of function and responsibility?

The IDCS, the body for attracting investments, and the Ministry of Trade and Industry (MTI), complement each other with regard to investment policy. Investment promotion with all of its specialized tasks of accommodating investors is delegated to this special agency (IDCS). MTI is responsible for creating among other things market access for goods and services, preparation of Investment Protection Agreements, trade missions, Trade and Investment Agreements with other countries, trade facilitation, standards, certification, innovation and all other matters which are important to investors.

(4) Page 21（Para2.35）"The targets for the period 2012-16 include a competition policy, an anti-dumping policy, and a consumer protection law."

What indicators does the Suriname government refer to in the process of formulating anti-dumping policies? What are the criteria for determining an act of anti-dumping?

There is no anti-dumping law yet in Suriname and we have not been involved in an anti-dumping case. The discussions about what criteria would be suitable for Suriname are ongoing, but at this time we consider sub cost price pricing with the objective of putting local producers out of business as a criteria.

(5) Page 22（Para 2.40）As part of the European Partnership Agreement (EPA) with the CARIFORUM states, Suriname made commitments to liberalize accountancy, bookkeeping, tourism, courier, and veterinary services, amongst others.

Please inform the status of the opening up of the postal and courier service market to the outside world, the commercial presence of foreign investment, the specific qualifications and the examination and approval procedures of foreign investment in current Suriname.

Regarding the liberalization of services in the EPA, we can say that these are still pending. The process of liberalization is very slow and dependant on ratification of the EPA in Suriname. In our interpretation, all of the EU members should have ratified the EP but this has not happened yet. Regarding the liberalization of postal and courier services, everything remained the same. The sector is not open to the outside world, only courier services. The commercial presence of foreign investments has also remained the same.

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(6) Page 25（Para 2.57）a deduction from taxable income of 20% of investments of at least US$20,000 in regions designated by the Government and of 10% in the case of investments of at least US$1,000 that are in the interest of environmental protection;

How to define whether an investment is in the interest of environmental protection when Suriname implements the above investment preferential policies?

The preferential deductable policies should not be mistaken for a lack of environmental protection. For example, all business licenses undergo an environmental litmus test and the Government will ban the use of mercury in gold mining.

(7) Page 24（Para 2.55）As Investments are covered by the Investment Law of 2001, despite attempts to revise the law since 2004.

Does Suriname still have any plan to revise the existing Investment Law of 2001? If so, please introduce contents to be revised and timetable.

Suriname is in the process of drafting a new investment law.

(8) Page 25（Para 2.59）…The law accords special consideration on investments exceeding US$50 million and investments in the exploration and exploitation of bauxite, hydrocarbons, gold, and radioactive minerals. These investments may benefit from incentives other than those provided for in the Investment Law, provided they are granted by law.

Please provide detailed information on regulations of those above incentives.

It is a custom for these types of major investments in mining that companies enter into negotiations with the Government. The result of the negotiations will be an agreement which will have to be approved by The National Assembly. That would include all other incentives negotiated with the Government.

(9) Page 26（Para 2.61）Although a law to create InvestSur was adopted in June 2002. No data are available on the amount and nature of the incentives that have been awarded under the Investment Law.

Does Suriname have any plan to construct database on regulations of incentives for inquiry? If so, please briefly introduce the plan.

The newly established body Investment and Development Corporation Suriname (IDCS) will assemble all relevant investment data as part of its activities.

(10) Page 26（Para 2.62 Para 2.63）The formation of limited liability companies in Suriname requires a declaration of no objection by the President of the Republic, and the pursuit of any business or profession designated by the Ministry of Trade and Industry requires a prior permit from the Ministry.

The total amount of time to establish a new LLC is less than one month. In a new law, no declaration from the President will be needed which will make the processing time even shorter.

(11) The international transfer of payments related to foreign investment in Suriname remains subject to exchange control regulations. Thus, the export of capital (including reimbursement of loans and investments) and of proceeds of capital (including profits and dividends) requires prior permission from the Foreign Exchange Commission.

Please elaborate above investment and exchange control regulations. Does Suriname have any plan to relax or simplify those regulations?

For amounts above US$10,000, a license is required to transfer funds out of the country. This has not hindered operations of companies. Big multinationals like Suralco do not

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have this requirement because the agreement which they have with the Government regulates the transfer of funds.

(12) Page 33（Para 3.40.）New developments have occurred in Suriname's standards/technical regulations setting framework. The act establishing the Suriname Standards Bureau (SSB) was adopted in 2006, and the SSB was brought into operation in 2007 as the national agency responsible for administering and developing standards and technical regulations. In addition, SSB is the national authority for certification of goods and accepted processes, for metrology, and for accreditation of laboratories and testing facilities. It is also responsible for promoting the use of international and regional standards, including technical regulations.

Has Suriname established concrete standards and technical regulations in the field of products and service of traditional medicine? If so, what are these concrete standards and technical regulations?

No standards have been established in the medical field yet.

(13) Page42（Para3.110）In compliance with the Law, the patent right is an exclusive right granted to the inventor of a novel product or method, or an improvement of a product in an industry. There is no administrative setting for patents registration in Suriname.

Since there is no administrative setting for patents registration in Suriname, what are the requirements and procedures for an invention to be patented in Suriname?

The process is not complicated. An investigation will be done by the Bureau of Intellectual Property if the invention is not already patented. Any legal body needs to submit an extract from the Chamber of Commerce and Industry, and a LLC of Foundation needs to submit the articles of incorporation. In the interest of time, a person can investigate beforehand in the public registers whether the invention is not already registered.

TRADE POLICIES BY SECTOR

(14) Page51（Para 4.41.）"Under the Mining Decree of 1986, ownership of land and minerals are separate, with the state owning all minerals. …. While mining rights for bauxite may be granted to state-owned and private enterprises,…, Exploration and exploitation rights for bauxite, radioactive minerals, and hydrocarbons are granted by resolution drafted by the Ministry of Natural Resources and approved by the Council of Ministers, the state Council and the National Assembly; it enters into force after having been signed by the President and published in the Staatsblad.…"

(a) Do the private enterprises granted with the mining rights for bauxite include foreign-invested enterprises? Have such rights been granted by way of public tendering? Can foreign state-owned enterprises participate in the tendering?

(b) Are the exploration and exploitation of hydrocarbons by Staatsolie no longer subject to the provisions and procedures stated in this paragraph?

(c) This paragraph mentioned the cooperation with other companies. What specific requirements does the government set for the forms of cooperation and other aspects?

The history of Suriname shows that foreign multinationals have mostly been involved in large scale mining operations. So the process has been known by multinationals for a long time.

The Government negotiates with potential candidates in a proces of negotiated procurement.

Staatsolie has invited foreign companies for off shore exploration operations.

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Questions regarding the Government Report

SECTOR PERFORMANCE

(15) Page 5（Para 3.9.）The services sector accounts for nearly 60% of the total economic activities in Suriname and is a major source of economic activity and employment. The Government is in the process of developing the services sector through the following policy:

a. Stimulating entrepreneurship and promoting international cooperation in order to guarantee markets for the Surinamese businesses.

b. Clustering, innovation and standardization of services.

What is the status of the service of traditional medicine in the service sector of Suriname? What percentage does it take?

The State Owned Hospitals have traditionally had a major share is the medical services field. In the last years, private investments have grown in the field and visible are: blood tests, haemodialysis, body scanning, radiology analysis, pharmacy, dentistry, reproductive health, 24 hour medical services, MRI scanning.

The précise share of private sector operations in the market is unknown.

(16) Page 6（Para3.14.）"Concerning the National Debt, the Government will ensure that the National Debt is always at a legally acceptable level."

The Suriname government claimed that the National Debt would be at a legally acceptable level.

Has the government set out the legally acceptable level in a form such as an act of fiscal responsibility? If so, please inform the name of the relevant act and its content.

The Law "Wet op de Staatsschuld" deals with issues related to the national debt, including the components of the national debt, the ceiling, establishment of debt obligations, responsibilities of the Minister of Finance, registration of documents, sources of foreign currency, publication of the national debt, annulment of national debt, liquidation of national debt, statue of limitation of debt, inadequate documentation, transferability of debt, the managing body and its tasks.

The limit of the national debt is established by law and the Government operates within that range. The National Debt Office manages issues related to the national debt.

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EUROPEAN UNION


(17) Summary, page 6 para 5 and page 27 reports that the EU as export destination has shrunk to 25% of total exports in the review period whilst exports to the Middle East increased.

How does the government intend to reverse the recent decline in exports to the EU between 2007 and 2011?

Since gold became one of Suriname's exporting commodities, the export value has increased considerably and the export destinations for this commodity are: the United Arabic Emirates, Canada, Belgium, India and Switzerland. While great shares of this export commodity are destined to the United Arabic Emirates, it represents a great share, approximately 42% of all gold exports. The EU will be and still remains a major export destination for Suriname. Because Belgium for has a 77% share of total Suriname's total exports to the EU, good for about US $ 250 million. Other export commodities to the EU are bananas, alumina, fish, shrimp, rice and other food stuff.

(18) Summary, page 6 para 7 and page 27, paras 3.4 and 3.5 states that the authorities intend to prepare a new law on customs. It is intended to simplify trade related administrative procedures. In addition, the lack of formal arrangements and mandatory rules on trade facilitation procedure are reported as additional areas for improvements.

Could the authorities provide more details about their intentions regarding the future law on customs, i. e. scope of the law, etc., and the timeframe foreseen for the coming into force of such law?

Within the larger context of trade facilitation and trade agreements, a number of measures will be taken which will effect the Customs department. The installation of software (ASYCUDA World) and new tariff schemes based on the HS 2012 to name a few. A single window operation is also planned.

(19) Does the government consider becoming member of the WCO?

Suriname intends to become a member of the WCO and the process will start this year.

(20) Summary, page 6 para 8 sets out that the existing intellectual property legislation needs to be improved. A new intellectual property act was prepared in 2001 but failed to pass the National Assembly. Competition policy lacks a comprehensive legislation.

When does Suriname expect its intellectual property act to be passed?

Suriname intends to take advantage of preferences offered by the US (CBI and CEBERA) and because of this, Intellectual Property is high on the agenda.

(21) Does the government plan to introduce legislation on contingency measures and competition policy, and to reform the bodies responsible for applying such laws, as the report recommends? If so, over what is the timeframe?

We have prepared a draft competition Law which is yet to be approves by The National Assembly.

(22) Summary, page 7 para 16 emphasizes that the economic growth enjoyed by Suriname is based on a narrow range of products. The authorities have started to tackle the challenge of diversification there is a lack of implementation of the necessary legislation. There is further growth potential in tourism, agriculture, and as a regional gateway for goods and services.

What plans does the government have to develop tourism, agriculture and regional gateway services?

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Last year, a Tourism and Agriculture clustering program were executed because these sectors are considered vital to future economic development.

The tourism infrastructure has experienced dramatic investments over the past 5 years with more that 40 new hotels and more than 70 new tour operators. The airport renovation has almost been completed so are many roads to the interior part. The city of Paramaribo is getting a facelift.

In agriculture, the local producers need to make a shift to more value added products and the ministry had registered quite a few new producers of processed value added food products.

(23) By when does the government plan to pass legislation to develop these new areas and how will the implementation of such legislation and the reform of the responsible bodies be guaranteed?

Whenever necessary, the National Assembly will deal with the draft laws.

DEVELOPMENTS IN TRADE

(24) Page 15 Chart 1.2.b and page 72 Table A1.4 highlights that merchandise trade from China remained at relatively stable level whereas imports from Trinidad and Tobago increased by 8.3% during the review period

How does Suriname explain the import figures from China considering the noticeable increase of Chinese products which are sold in Suriname?

China had become a major partner of Suriname is the last years, not just in trade but in development projects.

The imports of Suriname from China has increase from 70 to 111 million US$ during this period, and the composition of the import commodities has not changed. The main of major commodities are focused on garlic, fireworks, automobiles, new pneumatic tires, of rubber, flat-rolled products of iron or non-alloy steel, air conditionings, aluminum bars, rods and profiles, tiles, drawing, marking-out or mathematical calculating instruments, toilet or facial tissue stock, hand tools, napkins, textile and textile articles, shoes, other hot flat-rolled products, tubes, pipes and hollow profiles, of cast iron and other manufacturing products.

(25) Could Suriname provide details on the increase of imports from Trinidad and Tobago? What is the product composition of these imports?

Since Suriname became a member of the CARICOM, Trinidad and Tobago has become a major import partner within this regional market. The major import commodity from this importing partner are mineral fuels, mineral oils and products of their distillation, for about 82% of the total year imports. Other import commodities are cigarettes, building grey cement, fertilisers, napkins, flour, non-alcoholic beverages, water tanks, other food stuff and other manufacturing products. Imports from Trinidad and Tobago have a share of nearly 90% of the total imports from the CARICOM.

DEVELOPMENTS IN INVESTMENT INCLUDING ON FDI (SECTION 2.6.1 TO 2.65 PAGES 24 AND 26)

(26) Page 16, para 1.28 records the very low ranking in 'ease of doing business" of Suriname, while page 16, para 1.33 refers to a lack of a proper legal framework for investment except for allowing incentives to investments (para 2.55 and 2.57 pages 24-26) and para 2.65 states that Suriname is part to MIDA but not ICSID (Convention on the Settlement of Investment Disputes between States and Nationals of other States).

Does the government intend to start assessing the impact of incentives on FDI?

Suriname should have had a higher ranking by now.

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Suriname has made progress in three categories on the Ease of Doing Business List which should have justified an improvement of the World Bank ranking.

These are:

1. The abolishment in June of 2011 of more than 100 licensing requirements for companies and professions

2. The reduction of the time for land registration to 50 days while by the end of 2013, the registration time will be reduced to 30 days.

3. The time to establish a Limited Liability Company (LLC) has been reduced to less than 30 days.

Due to a communication error, not all the improvements were communicated to the World Bank and as a result, the ranking of Suriname did not improve on the list.

So work is being done to improve the ranking and subsequent positive effects on FDI.

(27) Does the government consider becoming member of ICSID?

The Government is yet to take a decision about becoming a member of ICSID.

TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES

(28) Page 17 para 2.5 highlights that Suriname, as a CARICOM member, should adopt additional legislation in the areas of competition policy, anti-dumping, and consumer protection. The delayed implementation of the CARICOM Single Market and Economy (CSME) poses a challenge in that respect.

How does Suriname plan to help overcome the delays in implementing the CSME?

The delays with regard to the implementation happen in virtually all Caricom states. Collective measures are taken to deal with administrative delays.

TRADE POLICY OBJECTIVES - GENERAL TRADE POLICY OBJECTIVES

(29) Page 21 para 2.32 reports that the Government is carrying out a Trade Facilitation Project which foresees the establishment of a Suriname Trade, Investment and Export Promotion Agency.

By when is the Trade, Investment and Export Agency likely to be operational and how will it coordinate with Caribbean Export, its regional counterpart?

The Investment Development Corporation Suriname (IDCS) is operational but the facility is yet to get a legal basis. This should happen with the next year.

The cooperation with CEDA is good and IDCS will improve the working relationship with this agency.

(30) Page 21 para 2.36 emphasizes that there has been little progress since the last Review in the development of the legislative and institutional base necessary for closer coordination between the different ministries. Burdensome procedures and a complicated bureaucracy remain an obstacle.

How does Suriname intend to lighten the 'burdensome procedures' and 'cumbersome bureaucracy' which businesses face?

A Competitiveness Institute has been established to deal with exactly this problem. The IDA International from Singapore assists this program and clear deadlines are being set for results.

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REGIONAL AGREEMENTS - CARICOM

(31) Page 23 para 2.48 reports that the CARICOM Competition Commission established in 2008 is located in Suriname and is competent to solve issues related to anticompetitive practices. It is said that Caricom Competition Commission has no record of enforcement yet (as of 2012) and that it could address anticompetitive behaviours in Suriname in the absence of a national law and a national authority.

Are there any new developments in terms of activity of the CCC for example on certain sectoral studies across the region or that would indirectly be of interest for the future Suriname Competition Council?

The CCC is the regional competition body to deal with cross border competition issues and has their own method of management.

Currently the CCC is assisting Members states in drafting their national Competition Laws.

Any future anti competitive behaviour which calls for specific studies will be dealt with in the appropriate manner.

REGISTRATION AND CUSTOMS PROCEDURES

(32) Page 27 para 3.3.1 states that, "Under the Ministry in charge of finance, the CED is responsible for customs procedures, including levying duties and other charges. The core customs procedures for inspection and administration of goods, in international trade, are vested in the Shipping Act of 1908. However, numerous customs-related issues, including procedures, and duty and tax collection on international trade, are found in several separate pieces of legislation […]"

Several entrepreneurs have voiced concern that a number of entry ports in Nickerie (West of Suriname) seem to be used as an illegal 'free zone', where no import duties are being paid until goods are actually sold. Are the authorities aware of this practice and what measures are foreseen to tackle the issue?

We assume that when an entrepreneur has any evidence of illegal activity or complaints of illegal activity, he/she will submit this to the Attorney General's office which will launch an investigation.

CUSTOMS VALUATION

(33) Page 28 para 3.15 reports that the customs authorities have indicated that apparent under-valuation of imports had been a regular occurrence. In order to mitigate under-invoicing with respect to imported cars, cigarettes, and alcoholic beverages, specific duties are currently applied.

Can the authorities elaborate upon the application and enforcement of these 'specific duties'?

The Government is in the middle of implementing measure to prevent under valuation. A company (SGS) has been hired to help solve this problem.

The duties are regulated in our WTO schedule of commitments.

EXPORT PROMOTION, FINANCE, INSURANCE, AND GUARANTEES - CARICOM

(34) Page 36 para 3.69 states that, according to the authorities, in the absence of an export development strategy, a programme promoting export products as well as a specific promotion programmes targeting Brazil and the EU are being adopted.

By when does the government intend to adopt the export promotion programme targeting the EU?

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Just last week, a program was started for SMEs with the assistance of the Caribbean Export Development Agency dealing with exports.

BUSINESS REGISTRATION AND LICENSING

(35) Page 37 paras 3.76 and 3.77 acknowledges that the business licensing process remains lengthy and cumbersome. Officially, it takes 30 working days to obtain a license according to the World Bank it takes an average 500 days to get a company set up.

In order to contribute to the government's objective of diversification and attracting investment, are the authorities considering measures to improve the business climate, such as for example a law to protect foreign investment or other legal measures to facilitate trade?

The information reported by the World Bank is incorrect. It has become clear that the reporters to the World Bank were misinformed and have not communicated with authorities about changes which have taken place. Suriname will address this problem. The precise amount of days is around 35.

(36) What measures, including legislation, does the government intend to adopt to make it easier to get a business licence, and by when?

In June of 2011, over 100 business license requirements were abolished.

The current philosophy of the Government is that within the entrepreneurial freedom, business licenses are only necessary for a limited number of professions and businesses.

COMPETITION POLICY

(37) Page 38 para 3.80 states "[…] a competition bill (Mededingingswet) is being drafted under the responsibility of the Ministry of Trade and Industry; the process is at its final stage "The draft bill basically covers mergers, anticompetitive agreements, and abuse of market dominance. […]". In addition para 3.79 indicates that Caricom has developed model template laws.

Para 3.85 states that "in principle, under the Law on Price Setting and Monitoring, SB 1996 No. 021, the Ministry of Trade and Industry is authorized to determine the maximum price or mark-up for any good or service sold in Suriname."

Could the authorities elaborate on the scope of the draft law? For example, would it address subsidies in general and bid rigging in the framework of public procurement?

The draft law on competition is meant to regulate anti-competitive behaviors of businesses and is modeled after US and European antitrust legislation.

A model Caricom competition law served as a base.

Could the authorities indicate their intentions regarding the modalities of cooperation that may be established between the Suriname Competition Council and the CCC as well as between the SCC and the national sectoral regulators in areas like telecom or energy for example?

The cooperation between the SCC and the CCC consist of cooperation in the area of investigation and awareness activities.

When it comes to sectoral regulation, the SCC will initiate a mou.

(38) Could the authorities clarify what interaction may exist between the future Suriname competition law regime carried out by the Suriname Competition Council (Surinames Mededingingsraad, SMR) and the system of general price and profit margin control carried out by the Ministry of Trade and industry?

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The draft law on competition is meant to regulate the behaviors of the entrepreneurs. Price controls and profit margins controls do no longer exist, except for gas prices.

(39) Given that the SCC would be under the responsibility of the ministry of trade, what degree of autonomy would it be granted for example with the view to launching sectoral investigations or for its enforcement activities (for example, would dawn raids be subject to the Minister's approval or to a judicial authority?)

Investigations will not be subject to Ministerial approval since the SCC will be an independent body and can carry out its tasks in a sovereign manner.

GOVERNMENT PROCUREMENT

(40) Page 39 para 3.89 states that the regime lacks transparency and para 3.93 refers to more than 45 alternative procurement procedures. Para 3.99 reports that State owned entities have their own procurement regime. Para 3.97 refers to the Inter-American Development Bank's Public Sector Management Strengthening Program.

What are the intentions of the government regarding the above mentioned elements that seem to call for the establishment of a nation-wide regime of procurement that could enhance the efficiency of public spending?

Within CARICOM we are working on implementing a procurement regime for the region and the national policy will follow suit.

(41) Page 39 para 3.97 states that efforts are under way to implement the Inter-American Development Bank's Public Sector Management Strengthening Program (PSMSP), to improve the procurement system.

By when does Suriname expect the PSMSP programme to have been fully implemented?

This program has been put on hold, the implementation of CSME provisions can be seen as our public sector regime the legislation will be put in line with the CSME legislation e.g. the issuance of automatic licensing. But the Government has taken its own measures to make the procurement system more effective such as raising certain barriers and making it easier for negotiated procurement.

(42) The EU welcomes the efforts made by the Suriname authorities with the support of the Inter-American Development Bank to develop a procurement regulatory framework on the basis of internationally accepted practices, establish the National Public Procurement Regulatory Office, and set-up a procurement information system and web portal. These measures can contribute to improve transparency and accountability of the procurement system. Could Suriname provide more information on the timelines for the finalization of this reform process?

The timelines depend on the implementation of the Government.

(43) Page 40 para 3.101 to 3.103.

Suriname has an important public sector with more than 120 enterprises. It is indicated that privatization is ongoing with the « Stichting Behoud Bananensector Suriname »(SBBS) launched in 2012. Foreign entities are allowed to participate according to the report.

Are there other State entities that are to be privatized? if so, what is the timeframe? Would foreign companies be allowed to participate?

The privitization is done on a individual basis and the government will take a transparant decision when the time is due.

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INTELLECTUAL PROPERTY RIGHTS AND SUMMARY, PAGE 6 PARA 8 ON IPR LEGISLATIVE FRAMEWORK

(44) Page 40 para 3.104 and page 42 para 3.112 emphasizes that Suriname is a member of the World Intellectual Property Organization (WIPO), and has signed various international intellectual property rights treaties. Despite its membership of multiple IPR-related agreements, there remains little adherence to the rules and disciplines of these agreements, as they are yet to be fully integrated into the country's legislation. There are furthermore no provisions in the law of Suriname for border protection against trademark counterfeits and copyright piracy.

What are the intentions of the authorities in this area?

Trademark counterfeits are reportedly not a large problem in Suriname. Policy is made by priority given the institutional capacity in Suriname but this issue will get the necessary attention.

(45) An increase in 'fake products', predominantly originating from China, has been noted on the Surinamese market; these products are supported by the Surinamese government through letters of the Ministry of Trade and Industry stating that the products are genuine. What measures will Suriname take to improve this situation?

There was one instance when an inappropriate letter was issued by an official who was mislead by an importer. The Government is aware of this case and the letter was withdrawn. Parties get all opportunities to fight IPR battles in courts.

POLICIES - BANANAS

(46) Page 47 para 4.23 reports that the EU is the main export market to which Suriname has duty-free access under the CARIFORUM-EU EPA. With the preference margins for bananas exported to the EU gradually declining in annual steps until 2017, Suriname is under pressure to increase productivity and improve quality in order to compete with other banana producing countries.

How is Suriname responding to what the report refers to as 'pressure to increase productivity and improve quality' in the banana industry so it remains globally competitive?

The Government hired a very knowledgeable management team to run the banana company and as such one major problem was solved.

The management was also successful in dealing with other issues such as cost price reduction.

Questions regarding the Government Report

(47) Page 6, para 3.17. refers to a number of changes in the legislation in the following area.

With regard to legislation in this area, the focus is on new and adapted legislations, namely:

a Law on Supervision on the Banking and Credit system; a Law on Supervision on Insurance Companies; a Law on Supervision on money remitters; a new Foreign Exchange Law.

Could the government elaborate on the intended changes to be brought to the legal framework in these areas and on the timeframe?

The Banking and Credit system and Money Remitters laws have been implemented.

The Central Bank is finishing work on the Insurance and Foreign Exchange laws.

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UNITED STATES


TRADE POLICIES BY MEASURE - Measures Directly Affecting Imports


(48) Page 27, paragraph 3.2: The Secretariat report states "in the context of this Review, the authorities indicated that a new PSI programme will be launched as of April 2013." Please provide an update regarding the new preshipment inspection (PSI) program. What products will require a preshipment inspection? What is the reason for which Suriname established PSI requirements? When will Suriname notify this requirement?

Suriname established these PSI requirement for revenue purposes. Tentatively it will be in force as of 17 June 2013. Societe general de surveillance is the agency responsible for carrying out this regime. This will only be applied for 18 months.

CUSTOMS VALUATION

(49) Page 28, paragraph 3.15: The Secretariat reports that "in order to mitigate cases of under-valuation, the CED uses reference prices based on the prices of past shipments of identical or similar good." How does the Customs and Excise Department (CED) use such reference prices? Are reference prices used to determine alternative customs values?

The investigation is started with the acceptance or refusal of the price. Only in cases where the value cannot be determined, will the reference price of like products be used as a guide. But this is rarely done.

IMPORT PROHIBITIONS, RESTRICTIONS, AND LICENSING

(50) Page 33, paragraph 3.36: It appears that Suriname's last notification to the WTO in accordance with Article 7.3 of the Import Licensing Procedures Agreement is contained in G/LIC/N/3/SUR/1, dated October 9, 2009. In light of the annual notification requirement under Article 7.3, does Suriname intend to submit an updated notification?

Suriname also notified the "Law on the Movement of Goods" in G/LIC/N/1/SUR/1, dated 15 December 2003. Has Suriname provided a copy of this legislation to the WTO? If not, when does Suriname intend to notify this legislation, along with a copy of the Negative List Decision?

Yes.

Table A3.1, footnote (a) of the Secretariat report states: "In the context of this Review, the authorities indicated that they were working on a new list with the detailed tariff headings that correspond to the goods subject to prohibitions, licensing, and certification." When does Suriname anticipate that this review will be concluded? The review is ongoing and we are doing our best to conclude this within one year. Especially with the implementation of the HS 2012.

The review is ongoing and we intend to conclude this within one (1) year. Especially with the implementation of the HS 2012.

CONTINGENCY MEASURES

(51) Page 33, Paragraph 3.39: The Secretariat's report states that "Suriname has never used the CARICOM provisions on anti-dumping and countervailing measures. "Has Suriname in the past enforced or is Suriname currently enforcing any anti-dumping or countervailing duty measures

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imposed by CARICOM? If so, please list the products and countries of export involved, and whether the specific measure is still in force.

No.

MEASURES AFFECTING PRODUCTION AND TRADE

INTELLECTUAL PROPERTY RIGHTS

(52) Page 40, Paragraph 3.104: The Secretariat states that although Suriname has signed various international intellectual property rights treaties, there remains little adherence to the rules and specifics of the agreements because they have not been fully integrated into national legislation. With respect to copyright law, please explain how the Berne Convention for the Protection of Literary and Artistic Works (Paris 1971) has been implemented into national legislation, and if applicable, jurisprudence through court cases.

Suriname is still working on a new IPR law which shall reflect all the international commitments in this area.

(53) Page 41, Paragraph 3.106: According to the Secretariat, "In 2003, the authorities indicated that Suriname had not yet ratified the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)." Suriname joined the WTO in 1995. In 2003, Suriname indicated that in order to remedy the situation, new legislation pertaining to IPRs was being drafted with the assistance of the International Bureau of WIPO.

What is the status of this IPR legislation, and specifically, legislation regarding copyright? Has a bill been drafted? If so, please provide a summary of its key provisions. Have there been any other updates to Suriname's IPR legislation to address TRIPS implementation?

Suriname is still working on a new IPR law which shall reflect all the international commitments in this area.

(54) Page 41, Paragraph 3.107: Suriname's current legal framework pertaining to IPRs consists of several laws, most of which were introduced in 1912 and 1913. The Secretariat indicates that a new law was presented to the National Assembly in 2004. What was the subject of this proposed legislation, and what is its status?

Suriname is still working on a new IPR law which shall reflect all the international commitments in this area. The National Assembly did not consider the 2004 draft law.

(55) Table 3.4: Overview of IPR Protection, 2012: The Secretariat's report indicates service marks are not yet eligible for protection in Suriname, yet both the Paris Convention and TRIPS require that service marks be eligible for protection in their member countries. Does Suriname protect collective marks or certification marks?

- Table 3.4 indicates that the patent law currently in force in Suriname is the Royal Patent Law, which was last amended in 1968. Have there been any further amendments to this law since then?

- Does Suriname provide protection of new plant varieties by patents or by an effective sui generis system in line with TRIPS 27.3(b)?

See attachment laws.

(56) Page 42: Para 3.110 The Secretariat report states that "There is no administrative setting for patents registration in Surinam." How does one obtain a patent in Suriname?

By registering with the Bureau of Intellectual Properties in Paramaribo.

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(57) Page 42, Paragraph 3.112: The Secretariat report indicates that "No provisions exist under the laws of Suriname for border protection against trademark counterfeits or copyright piracy." Have provisions been considered or draft legislation commenced that would cover border protection as required by Section 4 of TRIPS? If so, please provide a summary of its key provisions.

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INDIA


(58) Page 24-25; 37 (Para 2.55 – 2.60; 3.70 –3.72)

Suriname's Investment Law of 2001 grants several fiscal as well as non-fiscal incentives for new investments and expansion of existing investments made in agriculture, cattle-breeding, fisheries, aquaculture, mining, forestry, tourism (except casinos), industry, trade, construction, services, and transport etc.

Could Suriname provide details of the different kinds of incentives and eligibility criteria and other requirements that need to be satisfied for availing incentives under the Investment Law of 2001?

The fiscal incentives of the Investment Law of 2001 expired in 2007.

In the absence of these incentives, incentives from other laws are used.

For example, a 90% discount on duties for inputs and equipment is given to production companies.

(59) Page 54 (Para 4.62) There are nine banks operating in Suriname: three are wholly owned by the State, one is majority owned by the State, and the State has a minority holding in one. Of the remaining four, one (RBC Suriname) is majority owned by foreign capital (Royal Bank of Canada which took over the parent company (Royal Bank of Trinidad and Tobago) in 2008). Godo, the most recent institution to obtain a banking license, operates as a cooperative bank; it was a credit union until 2010.

Suriname is requested to inform about the conditions for obtaining a banking license for foreign banks including minimum investment needed, if any? Is there any limit on the number of banking licenses that can be granted in a given year?

There are no limitations on the number of banking licenses granted within one year.

The conditions are the same as the ones used internationally with respect to bank assets, competence of management and Board etc.

(60) Page 60 (Para 4.88) In addition to requiring that service licenses be granted only to enterprises legally incorporated in Suriname, the Telecommunications Act includes other measures that restrict competition; for example, call-back services are expressly forbidden.

Suriname is requested to provide the details of other measures that restrict competition in the telecommunication sector of Suriname?

The "Telecommunicatie Wet Suriname" spells out the details about the restrictive measures.

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DOMINICAN REPUBLIC

TRADE POLICIES BY SECTOR

4.1 Agriculture

Page 43, Paragraph 4.3

"Traditionally, livestock production has been small in comparison with crops, but in the past few years the value of production of chicken and cattle meat has increased considerably (Table 4.1)".

What type of policy has Suriname implemented to increase the value of production of chicken and cattle meat? Are there any State support programmes?

The main policy consisted of Capacity building through training and education.

The Agricultural Credit Fond at the Agricultural Bank has contributed by investing in professionalization and efficiency of livestock operations. Besides the particular slaughterhouses in Paramaribo, the government is managing slaughterhouses in the districts of Coronie and Nickerie. The officials in charge of veterinary services have been trained to upgrade the database of animal husbandry and to activate the animal disease monitoring system. The pork breeders have imported new genetic material. The ministry has trained breeders in giving balanced feed. Through a FAO training program, the slaughter weights have increased. In the small ruminants sector, a breeding institution has been established for the cattle breeders. The personnel of the Veterinary department have been trained in HACCP- hygiene rules and in monitoring and conducting surveys of animal deceases.


"The outdated land tenure system also acts as a disincentive to investment as well as restricting producers' access to credit".

Does Suriname have any plans in the short term to modify the land tenure system that acts as a disincentive to investment and restricts producers' access to credit?

There is the GLIS program which has made considerable progress in the last three years. The Land registration process for example now only takes 50 days and by the end of the year is should take 30 days.

4.1.2 Policies


"4.9. Suriname's bound tariffs are 20% for nearly all agriculture goods, with a 50% ceiling on other duties and charges".

Could Suriname please explain which duties and charges are applied other than tariffs for agricultural goods?

There are no other applicable duties and tariffs.

Suriname's import duties on all agricultural goods are bound to 20%. In the case of 50% ceiling on other duties and charges, Suriname does not apply any.

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Page 45, paragraph 4.15

"4.15 Rice exports are subject to a tax of SRD 10 per tonne. On the other hand, rice farmers are eligible for support related to fuel use, with about 1,270 farmers receiving a total of US$1.7 million in 2006. According to the Central Bank, SRD 12 million was set aside to support rice farmers in 2010".

To what extent is the support received by rice farmers consistent with the WTO Agreements on Agriculture and Subsidies and Countervailing Measures?

These restitutions are not a form of subsidies but are a compensation of the government take (taxes on fuel), which the rice farmers have paid.

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CANADA

Secretariat Report – Suriname (S282)

Part I. Economic Environment: 1.4 Developments in Investment: paragraph 1.28-1.33, pages 15-16:

Paragraph 1.28 refers to the lengthy delays associated with starting a business in Suriname. As one of Suriname's main sources of FDI, Canada has raised this issue bilaterally and continues to have a strong interest in the government's efforts to improve the ease of doing business.

Could the delegation of Suriname please provide an update on what measures it has taken and plans to take to reduce administrative burdens associated with starting a business, and in particular provide an update on the status of the new investment law under development as referred to in paragraph 1.33.

Suriname has made progress in three categories on the Ease of Doing Business List which should have justified an improvement of the World Bank ranking.

These are:

1. The abolishment in June of 2011 of more than 100 licensing requirements for companies and professions

2. The reduction of the time for land registration to 50 days while by the end of 2013, the registration time will be reduced to 30 days

3. The time to establish a Limited Liability Company (LLC) has been reduced to less than 30 days.

Due to a communication error, not all the improvements were communicated to the World Bank and as a result, the ranking of Suriname did not improve on the list.

With regard to a new investment law, the drafting and consultations with the private sector are still ongoing. The absence of a new investment law does not influence FDI from Canada. The major Foreign Direct Investments from Canada, which are very important to Suriname, are regulated in special agreement laws. In these customized laws, every aspect to encourage and protect Canadian investments in the gold mining sector is regulated.

Part IV. Trade Policies by Sector: 4.1 Agriculture; 4.1.2 Policies: paragraph 4.12, page 45:

2. The Secretariat Report notes that the government policy, as set out in the Multi-annual Development Plan 2012-2016, aims to overcome the serious constraints facing the agriculture sector in order to achieve food security, food safety, and to become a food supplier to the Caribbean, and to increase the contribution to the economy.

Could Suriname elaborate on the types of initiatives or measures implemented under this policy, particularly as they relate to food security and becoming a food supplier to the Caribbean?

Larger quantities and improved food types, diversification of the Food basket, and better Storage and Food processing facilities.

The Ministry of Agriculture has improved its capacity in small ruminant production through training provided by IICA.

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Farmers were trained in organic chili pepper production in the areas of seed production, selection and storage, soil preparation, planting techniques, preparation and use of organic fertilizers and organic pest management.

Establishment of a management system to minimize the damage from the leaf spots disease in the banana sector.

Monitoring of- and combating the Carambola Fruit Fly.

Farmers were trained in production of fruit and vegetable planting material.

Some types of fishing boats were limited to prevent overfishing.

The Quality Managers in the fishery sector organized a training for the high technical institute.

1. Plant and Animal Health and Food Safety:

Quality Management training in the fishery sector

Gap training to farmers

In the seabob fishery, Suriname is the first country with the Marine Stewart Council Certification (green labeling)

The SBBS (Banana Company) and the "GOPEX International" (vegetable production) are Global GAP certified.

2. Soils and Water management, and land and Land Tenure:

Rehabilitation of infrastructure

Establishment of District Water Boards.

3. Risk management and agricultural emergencies:

Bio-safety training to cattle-breeders.

4. Climate change and Multisectoral agroenvironmental management:

Training in the establishment and operation of low-cost protected agri-systems

Technicians, producers, and Agriculture students at the University have improved their competence in the use of liquid and solid substartes in producing crops in the greenhouse system, and in testing the efficacy of the two techniques at two locations.

Agriculture people in the the rural area were trained in sustainable production techniques (See 6).

Suriname, the first country in the world, has acquired the "Marine Stewart Council" certification (Green labeling) in 2011.

Introduction and distribution of a quantity of 120 Insect Killer to reduce the use of chemicals in the agriculture production.

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5. Management, leadership, and Production and income:

Farmers in the rural areas were trained in sustainable production techniques (See 5).

Farmers were trained in Agri-entrepreneurship

Women in the interior (Kajapati) have been trained in poultry farming.

Fish License conditions have been sharpened.

Instructors are trained in bio-safety and pig farming.

Setting up Greenhouses for demonstrations

The School Garden Project is ongoing.

6. Focusing on rural territories and coordination mechanics and chain approach:

In the licensing conditions, a requirement for the shrimp trawlers is included that the fish nets must be provided with a Turtle Excluder Device (TED).

7. Institutional capacity and Investment in agriculture and rural development:

There is an increasing demand for the Agriculture Credit Fund which has a revolving character.

The farmers in the interior are being trained in sustainable production methods.

A cassava factory was established, where the farmers can sell their cassava.

Farmers were trained in organic chilipepper, which enables them to meet the market demand in Europe (through a training from the IICA).

The Ministry of Agriculture has improved its capacity in small ruminant production through training from the IICA.

Farmers in Pierre Kondre (Interior) were trained in the establishment and operation of low cost protected agri–systems.

Pine apple producers in the Para District have been trained in organic pineapple production (an IICA project).

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COLOMBIA

Document WT/TPR/S/282

2. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 2.1 Introduction

According to paragraph 2.4 of the Secretariat report, "Suriname became a contracting party to the GATT in 1978, and is an original Member of the WTO. Suriname did not participate in the post-Uruguay Round negotiations on financial services or telecommunications, but it made commitments on basic telecommunications in 1998. Its participation in the WTO has focused on the agriculture negotiations where, for some products, the CARICOM common external tariff is higher than the bound tariffs in Suriname's Schedule. It has submitted several notifications to the WTO but others are pending, which reduces the transparency of its trade regime. The authorities argue that developing countries are, by nature, not able to submit all notifications because of the structure and accessibility of the WTO. Suriname has no WTO mission in Geneva."

1. What type of measures has Suriname considered taking in order to improve the transparency of its trade regime through the submission of notifications to the WTO?

Transparency of notifications

1. Suriname notifies measures as soon as they are taken. Passing laws in Suriname takes relatively long, but every new law is notified as soon as it takes effect. For example, the notification of pre-shipment will take place now. Last year, the Bureau of Standards was notified. With regard to transparency with local stakeholders, we can report the following. Suriname has taken a number of measures to improve transparency of notifications to the WTO. First, the trade law was changed in 2003 to a liberal system with a Negative List. With regard to trade negotiations and trade issues, there are constant consultations with the private sector and NGOs. Between 2006 and 2010, a Trade Sector Support Program was executed financed by the Inter-American Development Bank with the purpose of laying the foundation for a transparent trade regime, trade negotiating capacity building and policy making.

2. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 2.4 Trade policy objectives 2.4.2 Sectoral trade policy objectives

Paragraph 2.38 of the Secretariat report states that "Suriname's agricultural policy is focused on ensuring food security and safety for its population, as well as becoming a major food producer for the Caribbean region. To meet these goals, the Government calls upon producers, consumers, and policy makers to work together at the national and international level. More investment, improved spatial planning, and increased exports are necessary to accomplish the agricultural policy plans. The key areas identified in the OP are palm oil, rice, fruits and vegetables, bananas, floriculture, and livestock."

2. What kinds of measures or plans has Suriname envisaged to guarantee food security and safety in the development of its agricultural policy?

Food Security

2. There are several measures to ensure food security such as: infrastructural improvements for agriculture, training of farmers, training in the field of agribusiness and diversification of agricultural products. Occasionally, cows are imported to ensure the adequate number of cows for slaughterhouses. The number of milk producers has also been increased.

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2. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 2.4 Trade policy objectives 2.4.2 Sectoral trade policy objectives

According to paragraph 2.39 of the Secretariat report, "[t]he mining sector is the most important contributor to Suriname's economy, generating 90% of its export income. Despite its desire to diversify the economy, the Government recognizes the short-term relevance of mining, in generating foreign currency and more jobs, albeit in limited numbers in this capital-intensive sector. It recognizes the environmental challenges for this sector and seeks more control over the exploitation and exploration of rights and territories. No specific trade-oriented policies or measures have been taken to enhance, improve or extend Suriname's position in the gold, bauxite, or oil sector, aside from seeking more partnerships and investments."

3. What policies is Suriname applying in the short term to diversify its exports away from mining products?

Diversification of exports from mineral domination

3. The exports of Suriname have been diversified in the last number of years. The export portfolio now consists of among other things: rice, bananas, vegetables, fish and fishery products, frozen fish, wood, wooden logs, plastics, live animals, water, juices, soft drinks, milk, spices, metal scrap, and shrimps. The policies are to continue this trend.

3. TRADE POLICIES AND PRACTICES BY MEASURE 3.1 Measures Directly Affecting Imports 3.1.1 Registration and customs procedures

According to paragraph 3.2 of the Secretariat report, "Suriname does not have a preshipment inspection programme or equivalent measures. However, in the context of this Review, the authorities indicated that a new PSI programme will be launched as of April 2013."

4. Does Suriname now have a preshipment inspection program in operation?

Pre shipment inspection

4. Suriname has had no pre-shipment inspection as of today. The official planned date of the start of the pre-shipment inspection is June 17, 2013.

3. TRADE POLICIES AND PRACTICES BY MEASURE 3.1 Measures Directly Affecting Imports 3.1.1 Standards and technical regulations

Paragraph 3.45 states that "[t]he authorities have indicated that once the SSB is notified as Suriname's enquiry point, notifications of technical regulations will follow."

5. Is Suriname intending to notify the authority in charge of technical regulations and the technical regulations themselves?

Notification of Customs procedures

5. The Ministry of Trade and Industry is the focal point for notifications and will do the relevant notifications in a timely manner.

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REPLIES PROVIDED BY SURINAME TO FOLLOW-UP QUESTIONS

UNITED STATES


TRADE POLICIES BY MEASURE - Measures Directly Affecting Imports


(48) Page 27, paragraph 3.2: The Secretariat report states "in the context of this Review, the authorities indicated that a new PSI programme will be launched as of April 2013." Please provide an update regarding the new preshipment inspection (PSI) program. What products will require a preshipment inspection? What is the reason for which Suriname established PSI requirements? When will Suriname notify this requirement?

Suriname established these PSI requirement for revenue purposes. Tentatively it will be in force as of 17 June 2013. Societe general de surveillance is the agency responsible for carrying out this regime. This will only be applied for 18 months.

U.S. Follow up Question: Is there a possibility of extension of the PSI requirements beyond the initial 18 months?

The PSI is not a long term measure. SGS will do the job for a maximum period of 18 months.

IMPORT PROHIBITIONS, RESTRICTIONS, AND LICENSING

(50) Page 33, paragraph 3.36: It appears that Suriname's last notification to the WTO in accordance with Article 7.3 of the Import Licensing Procedures Agreement is contained in G/LIC/N/3/SUR/1, dated October 9, 2009. In light of the annual notification requirement under Article 7.3, does Suriname intend to submit an updated notification?

U.S. Follow up Question: We note that this question was not answered. In light of the annual notification requirement under Article 7.3, does Suriname intend to submit an updated notification?

Suriname will submit an update. However, since the last notification, no new import restrictions were imposed.

MEASURES AFFECTING PRODUCTION AND TRADE

INTELLECTUAL PROPERTY RIGHTS

(54) Page 41, Paragraph 3.107: Suriname's current legal framework pertaining to IPRs consists of several laws, most of which were introduced in 1912 and 1913. The Secretariat indicates that a new law was presented to the National Assembly in 2004. What was the subject of this proposed legislation, and what is its status?

Suriname is still working on a new IPR law which shall reflect all the international commitments in this area. The National Assembly did not consider the 2004 draft law.

U.S. Follow up Question: Why did the National Assembly not consider the 2004 draft law? Are there efforts underway to provide a new draft law?

The National Assembly did not consider the 2004 draft legislation because they considered it outdated. The draft law was updated with the assistance of the WIPO in 2006 but this new draft did not make the agenda of the National Assembly.

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(55) Table 3.4: Overview of IPR Protection, 2012: The Secretariat's report indicates service marks are not yet eligible for protection in Suriname, yet both the Paris Convention and TRIPS require that service marks be eligible for protection in their member countries. Does Suriname protect collective marks or certification marks?

Collective marks or certification marks are new issues to Suriname and we currently have no legislation to regulate them. The new law regarding Intellectual Property will deal with these issues.

- Table 3.4 indicates that the patent law currently in force in Suriname is the Royal Patent Law, which was last amended in 1968. Have there been any further amendments to this law since then?

The current law regarding patents dates back to 1968. This law was taken over from the Dutch Law because Suriname was a colony of the Kingdom of The Netherlands back then. The law is in reality ineffective simply because we have no organization in place to protect patents.

- Does Suriname provide protection of new plant varieties by patents or by an effective sui generis system in line with TRIPS 27.3(b)?

Suriname has no legislation regarding protection of new plant varieties by patents or by an effective sui generis system as required by TRIPS article 27.3(b)

See attachment laws.

U.S. Follow up Question: Please clarify what is meant by “see attachment laws,” as we did not receive any attachment.

i. Please confirm that the Royal Patent Law amended in 1968 is the latest version that is currently in effect. Please see answer above.

ii. Please point to the specific law that provides for protection of new plant varieties currently in effect. Please see answer above.

iii. Please confirm that the new IPR legislation on which Suriname is working with WIPO will contain updated plant protection and plant variety protection provision that are in conformity with TRIPS. Yes, because the regional commitments also obligate us to do so.

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ATTACHMENT LAWS

A few professionals and technicians attended short training courses in different aspects of seed technology (nationally, region ally and internationally). There is one professional with a graduate degree in Seed Technology.

7.3. Legislation

Legislation on import and export of animals (wildlife, pets, farm animals, and poultry), plants and micro-organisms can be found in the legislation listed below (Hoefnagel, 2001):

Game Act of 1954, amended in 1980, 1982,1986 and 1994.

Law on Forest Management of 1992.

Game Resolution of 1970, amended in 1973 Annual Ministerial Game Decrees.

Law on Regulation for Import and Export of 1954 Nature Protection Act of 1954.

Fish Stock Protection Act of 1961, amended in 1963 The Fish Stock Protection Resolution of 1961.

Sea Fisheries Decree of 1980.

Aquaculture Act.

State Resolution Negative List of 1999, amended in 2000 Regulation on the Prevention and Control of Animal Diseases. 1954 Plant Protection Act of 1965 No. 102.

Seed Act of 2005.

Draft Plant Breeder's Right Act.

Existing legislation on Plant Quarantine and Plant Propagation

Plant Protection Act of 1965 (Plantbeschermingsverordening, G.B. 1965 No. 102 as amended by S.B. 1980 no 116)

Suriname is party to the International Plant Protection Convention (IPPC), which aims at maintaining and increasing international cooperation in controlling pests and diseases of plants and plant products, and the prevention of their introduction and spread across national boundaries. The current Plant Protection Act is based on the 1951 text of the IPPC. The act is outdated and does not reflect either modern phytosanitary concepts or international norms agreed-upon. For example the act does not contain provisions related to biosafety. The Plant Protection and Quality Control Division (plant Quarantine Division) of the Ministry of Agriculture is the responsible authority.

For the import of plants, plant parts, and seed approval is needed from the Plant Quarantine Division of the MAAHF. (State Resolution Negative List, 2000). Article 11 (1) of the Seed Act (2005) indicates that a permit is needed for the import 01 seed (including vegetatively propagated planting material) into Suriname. Before ordering plants, plant parts, and seed, the importer needs approval to import this material from the Ministry of Agriculture, Animal Husbandry and Fisheries (MAAHF). The Ministry of Trade and Industry issues permit to import. The Plant Quarantine Division is the responsible authority for granting the approval. At present seed and vegetative propagation material is imported and when needed tested on the presence of pests (weed seed, fungi, bacteria, nematodes). The Plant Quarantine Division does not execute the screening but several Plant Protection Divisions of the Research Department of the MAAHF. Quarantine plays an important factor to be able to move genetic material through the borders. Plant genetic resources

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accessions should meet the requirements stated in the Plant Protection Act of 1965 No. 102.

Draft Plant Protection Act (Ontwerp Plantenbeschermingswet)

Currently there is a draft plant protection act at the Ministry of Agriculture, Animal Husbandry and Fisheries. This model was prepared based on the model that was prepared by the FAO especially for CARICOM countries and is in line with IPPC 1997 text. The objective of this act is to prevent the introduction and spread of pests of plants and to protect the vegetable resources by facilitating the trade in plants and plant products and the regulation of relevant issues. With regard to LMOs, it can be stated that this draft provides the opportunity to prohibit or restrict the entry of certain plants, plant products and other regulated goods into the country. Both exotic plants and LMOs can be prohibited when they can be harmful to the local flora. The newly drafted Plant Protection act was reviewed by and discussed with the relevant stakeholders, it is expected that this draft will soon be submitted to the Legal Department of the Ministry of Justice and Police for screening.

The Seed Act of 2005

The Seed Act was formalized in 2005. The Seed Act encompasses regulations for the production, quality and sale of seed. The objective is to sustain increase the production of seed and guarantee improvement of quality. ISTA (International Seed Testing Association) norms will be applied. Also seed quality control and certification will be done according to the ISTA rules. The Seed Act is a framework. All implementation regulations with regard to technical aspects will be by means of Government Decrees.

Draft Plant Breeder's Right Act

A Draft Plant Breeders' Right Act has been developed which aims at the protection of improved plant varieties and the increase of the productivity in both agriculture and horticulture and the protection of the grower. Breeder's right is also regulated as an Intellectual property right in this draft. The Draft Plant Breeder's Right Act has recently been screened by the Legal Department of the Ministry of Justice and Police and was returned to the MAAHF for adjustment.

Legislation on the Introduction of Species

Plant Protection Act of 1965 (Plantbeschermingsverordening, GB. 1965 no. 102 as amended by S. B. 1980 no 116)

(Refer to information listed under the heading "Existing legislation on Plant Quarantine and Plant Propagation")

1954 Act to Control Animal Diseases (Landsverordening bestrijding dierziekten, G.B. 1954 amended by 8.8. 1986 no. 70)

The objective of this Act is to prevent and combat animal diseases, and to control animals and animal products on harmful substances.

The 1954 Act to Control Animal Diseases is relevant to animal quarantine when other animals are in danger. The Minister of Agriculture, Animal Husbandry and Fisheries, in particular the Director of the Department of Animal Husbandry, is the responsible authority under the Act. Enforcement is entrusted to the Head of the Animal Husbandry Service and the inspectors reporting under him. According to reports, however, in practice the Head of the Veterinary department and the veterinary inspectors are carrying out these tasks. The act is applicable to all living animals, including poultry, birds, reptiles and insects. The Act contains several provisions aimed at preventing and controlling animal diseases, some of which may be dangerous to human health. The animal diseases are listed in a Government Decree. Paragraph 3 of the Act specifically deals with the import of animals. It is prohibited to import animals without a permit. The permit contains specific requirements. It is stated in the permit that in case of an outbreak of a contagious animal disease in the country of origin/sending, while a permit is pending, the permit will be withdrawn. This regards agricultural animals like cows, sheep and domestic animals like dogs and cats.

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When it regards the import of Wildlife (including CITES species), the Nature Conservation division, section permits and licenses, permits a license.

As was mentioned before The Veterinary Inspection Division (VID) of the MAAHF is in charge of the implementation and enforcement of the regulation on the Prevention and Control of Animal Diseases as well as import and export control of animals. For import of animals (for use as farm animals and other uses), the importer has to submit relevant information to the MAAHF, such as the purpose for import (e.g. research, production), expectations etc. On the basis of the information a permit is granted, after an official health certificate from the country of origin (issued by an authorized institute) is submitted. In case of animals on the CITES list, a permit from the MNR is required. On the import certificate it is mentioned that the importer is obligated to inform the VJD 48 hours ahead about the date of arrival. A quarantine period of 30 days is set, at the place of confinement. (a farm, a home). If imported animals show signs of a harmful pest, they are killed, even if the health certificate states otherwise. Inspectors of VID or veterinarians will come at regular times to monitor the animals. If necessary the period of quarantine can be extended (is also stated in the license). The VID works in close collaboration with the Customs Office.

There are initiatives to draft a new Animal Health Act based on the CARICOM Model Animal Health Act of 2001.

Legislation on Conservation and Protection of Species

The Nature Protection Act of 1954 is the legislative cornerstone for conservation in Suriname. The act recognizes that establishing protected areas is important to scientific knowledge, recreation and education, as well as for ethical and economic reasons. To qualify as a nature reserve, an area must be noteworthy because of its biodiversity or varied landscape, or as a result of fauna, flora or geological features of scientific or cultural value.

The Forest Management Act of 1992. In this law is included some legislation relating to nature conservation and the trade of wood products. Presently new legislation is under preparation.

Although there is no specific wildlife trade legislation enacted in Suriname. Article 15 paragraph 2 of the Game Act and Article 49 paragraph 4 of the Law on Forest Management are used to apply the Convention on International Trade in Endangered Species of Flora and Fauna (CITES) in Suriname for animals and plants respectively. The Head of the Nature Conservation Division (NCD) of the Suriname Forest Service, which is part of the MNR, acts as the CITES Management Authority on behalf of the head of the Forest Service. The Scientific Authority in Suriname is the Nature Conservation Commission. However this commission has not been active for several years. Some funds were set aside to reactivate the commission but no substantive progress was made so far. Some HCITES appendix II- species" are not protected by the Game Law. However all specimens of wild game and flora require a permit for export or import, based on the State Resolution Negative List.

The Fish Protection Act and The Sea Fisheries Decree cover fish, although the marine turtles are covered by the Game Resolution as Game Species. The Fish Protection Act and Fish Protection Resolution provide for very limited protection of fresh water fish. Eight fish species are protected by setting limits on the size to be captured and non-fishing seasons are determined for certain species. The Sea Fisheries Decree provides for the enactment of the regulations on the fishing of certain species, the establishment of minimum harvest sizes, open and closed seasons, maximum allowable catches the use of certain methods or fishing gear (art 25). In 2001, a provision was included to prohibit fishing from April to July north of the Galibi beach to protect the sea turtles. The current law is not applicable in the territorial sea; so marine turtles are currently not protected while at sea.

The Draft Aquaculture Act states that a license from the Fisheries Department of the MAAHF is needed to fish aquarium fish. It also specifies certain quarantine periods but does not mention permits for import and export. These are required on the basis of the State negative list (Hoefnagel, 2001).

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Legislation on Intellectual Property Rights

National legislation with regard to Intellectual Property Rights is outdated and not adjusted to recent developments. This implies that the law in Suriname cannot satisfactorily protect Intellectual Property Rights. If it is the Government's intention to actively take part in international trade, it is highly recommended that the intellectual property rights law and – institutions are adapted.

A few existing laws that are applicable to Intellectual Property Rights are listed below:

Patent Act, 1910 (Octrooiwef 1910. G.B. 1969 no. 43)

The Suriname patent right is based on a Patent Act of 1910. The patent right is an exclusive right granted to the inventor of a novel product, method or an improvement of an industrial product. A patent, once granted gives the patent holder the exclusive right:

The application for obtaining a patent should be forwarded to the Office for Industrial Property.

In case of a biotechnology product the Patent Act could be an opportunity for registration. For genetically engineered products the system existing in Suriname has no possibilities for registration. The possibilities to protect traditional knowledge from indigenous communities could possibly be included in the Patent Act. With this, indigenous knowledge can be handled as a trade secret, only when commercialized properly. The outdated Surinamese laws can protect traditional knowledge to a certain extent, but provide no full protection for the intellectual contribution.

The Civil Code (Burgelijk Wetboek, GB. 1968 no. 14 as last amended by S.B. 1995 No. 101).

This regards the provisions on product liability and misleading advertisement. It is stated in Article 1401j that misleading can concern the nature, composition, the amount, the quality, characteristics and options for use of products or services. This can be applicable if it regards information dissemination or misleading advertisement with regards to LMOs.

Draft legislation on International Property Rights

Draft Act on Intellectual property rights

The Intellectual Property Office has been working on a Draft Intellectual Property Rights Act. This draft provides provisions regarding trade names, patent, geographical origin. According to the information on this draft, the issue of LMOs is not taken into consideration while drafting the bill.

Draft Plant Breeder's Right Act

A Draft Plant Breeder's Right Act has been developed which aims at the protection of improved plant varieties and the increase of the productivity in both agriculture and horticulture and the protection of the grower. Breeder's right is also regulated as an Intellectual property right in this draft. The Draft Plant Breeder's Right Act has recently been screened by the Legal Department of the Ministry of Justice and Police and was returned to the MAAHF for adjustment.

Intellectual Property Rights

For several years there have been discussions, internationally on the legal protection of germplasm. An answer to the question whether or not patent should be requested for germplasm was not yet agreed upon. In fact, for material that could be of commercial value, the rights and obligations of collectors should have been decided. For developing countries, like Suriname, protection of plant genetic resources would be useful. This could ensure that when germplasm is exploited the benefits will be shared between private investors and national governments. In brief it may be stated that "Intellectual Property Protection" will lead to regulations on access to germplasm and on collecting improvement, exchange and use of germplasm.

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Suriname is party to several international treaties/conventions, both global and regional, which focus to varying extents on management of wildlife, animals and plants that recognize the vital need for environmental protection. These treaties include:

the Convention on Wetlands of International Importance (1971);

the Convention for the Protection of the World Cultural and Natural Heritage (1972);

the Convention on International Trade in Endangered Species (CITES) (1973);

the Treaty for Amazonian Cooperation (1978);

the Convention on Biological Diversity (1992);

the UN Convention on the Law of the Sea;

the International Plant Protection Convention; and

the Conservation projects and Framework Convention on Climate Change (1992).

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