CCJ’s First-Ever Referral Case from Belize Settled

The Caribbean Court of Justice (CCJ) has ruled in Belize’s favour in the first referral case in the court’s history, finding that the country’s company registration requirements do not violate Article 177 of the Revised Treaty of Chaguaramas.

The ruling was delivered today virtually and answered a legal question referred by Belize’s High Court in a constitutional challenge brought by Belizean businessman G. Anwar Barrow and seven Belize-registered companies against the Financial Services Commission (FSC) and the Attorney General of Belize.

The claimants argued that companies with shareholders or directors from other CARICOM member states were placed at a competitive disadvantage because they must maintain a registered agent in Belize, file documents exclusively through that agent and pay fees in US dollars. They contended those requirements breached Article 177, which prohibits the application of unequal conditions in equivalent commercial transactions.

The CCJ rejected that argument and ruled that Article 177 does not prohibit member states from requiring companies incorporated in, or connected to, other CARICOM countries to maintain local registered agents and file documents through them. The court found that Article 177 regulates the anti-competitive conduct of businesses, not regulatory measures adopted by governments.

The decision means Belize can continue enforcing the FSC’s registered agent requirements for CARICOM-connected companies.

The case now returns to the Belize High Court.