JAMAICA Law and Practice Contributed by: M. Georgia Gibson Henlin CD and KC, Henlin Gibson Henlin
4. Delisting Challenges 4.1 Process
4.3 Timing There is no set time for a revocation to be granted as it mirrors the time it ordinarily takes to obtain a formal order in the Supreme Court. Due to the tardiness of the court system and different agencies involved it may take three to four months or more to receive an order. 5. Trade and Export Restrictions 5.1 Services There do not appear to be any banned services to/ from other countries except those that may be con - nected to prohibited goods listed in 5.2 Goods . 5.2 Goods There are certain bans on the export and import of goods to or from other countries in Jamaica. Importation Section 40 of the Customs Act indicates that the fol - lowing goods are prohibited from being imported: • agricultural implements banned under the Plants (Protection from Disease) Act; • goods that if sold would be liable to forfeiture under the Merchandise Marks Act, and all goods including Commonwealth trade marks unless accompanied by a definite indication of the country of origin; • goods prohibited for import into the UK under the Anthrax Prevention Act (UK); • animals and carcasses of animals as prohibited under the Animals (Diseases and Importation Act); • arms and ammunition; • brandy of lower strength than 30 degrees per cen - tum under proof; • clocks and watches or other articles of metal which represent an imitation of any legal Commonwealth assay, mark or stamp; • coin-base or counterfeit imitation coin of any coun - try; • drugs – opium and other dangerous drugs prohib - ited under the Dangerous Drugs Act; • essence of brandy/whiskey/flavouring essence; • indecent or obscene prints; • oil – edible;
The process for being removed as a listed entity can be taken via the domestic route or international route, depending on where an entity is listed. Listed Under TPA Under Section 14 (6)–(9) of the TPA, an order made to treat a designated entity as a “listed entity” can be challenged within 60 days after the order is published. The application seeking review is made by the listed entity to a Supreme Court judge, with notice being given to the DPP. The delisting process includes the judge: • hearing evidence or information presented by the DPP; • providing the applicant with a summarised state - ment of the information given; • providing the applicant with a reasonable opportu - nity to be heard; and • determining whether the order should be revoked based on the information available. Every six months the DPP also reviews all orders made in respect of a listed entity and if the circum - stances which prompted the listing no longer exist, they shall make an application for revocation to a According to the UNSC Resolutions Implementation Act Amendment 2019, Section 3 (5B), a Jamaican national/resident who has been listed by the UNSC can apply for delisting through the Minister of Foreign Affairs and Foreign Trade who submits the application to the UN. 4.2 Remedies A successful challenge under Section 14 TPA, men - tioned in 4.1 Process , will result in the Supreme Court judge revoking the order previously made listing the designated entity. In other words, the remedy would amount to the designated entity being removed from the list. Supreme Court judge. Listed by the UNSC
119 CHAMBERS.COM
Powered by FlippingBook