Anwar Barrow V. FSC & AG

For the first time in its history, the Caribbean Court of Justice has been asked to rule on a legal question referred directly from a national court. It is an unprecedented step that could shape how regional law is applied across CARICOM. The referral, which arose from a case involving Belizean businessman Anwar Barrow versus the Financial Services Commission and the Office of the Attorney General, centers on the interpretation of the Companies Act of Belize and alleged anti‑competitive conduct under the Revised Treaty of Chaguaramas. The matter has placed Belize at the center of a landmark legal moment, as the CCJ prepares to exercise its original jurisdiction in a way it has never done before. In an interview, Anwar Barrow explained why he brought the case against the Financial Services Commission.

 

Anwar Barrow, Businessman

“The case is primarily about three things. One is the Company’s registry requirement that fees be paid in U.S. dollars as opposed to Belizean currency. The second issue is about the way certain fees were applied to a transaction I was involved in. And, the third one which is the portion of the case that was referred to the CCJ is about the different treatment of people who access the Companies Registry depending on where they are from in a nutshell. And our position is that the differentiation in treatment violates the CARICOM treaty. And the reason why I brought the case is because I think it is a strong case. I think there are certain violations of the law at hand. But that is going to be decided by the court. but on a larger macro scale, what I see is a breakdown in following the law throughout the society and I am very concerned about it, because you have big institutions, government institutions, statutory institutions, who are flaunting the law in my opinion. I have come across it several times and when it pointed out to the people who are in charge, they simply ignore it. My larger concern is how can you expect to follow the law if the people at the top are not following the law in plain English.”

 

Belize’s Case May Strengthen CARICOM Business Law

 

As the Caribbean Court of Justice gets ready to break new ground, the stakes now extend well beyond Belize. For the first time, the CCJ will hear an original jurisdiction matter referred directly from a national court, a move that could change how treaty rights are enforced across the region. Belizean businessman Anwar Barrow, whose case triggered the referral, says the moment shines a spotlight on long‑standing gaps in regional legal enforcement. He believes the case could mark a turning point, creating a stronger, more predictable legal environment for businesses operating throughout CARICOM, and giving regional treaties real teeth.

 

Anwar Barrow, Businessman

“I am not the only person who has chosen to pursue such actions. You have people like Jerry Enriquez who is doing some advocacy around the constitution and redistricting. And you have many other Belizeans who do it. I look at it serving two purposes, both commercial and private purposes, as well as public good.”

 

Paul Lopez

“What is your perspective of the referral and the historic nature of it?”

 

Anwar Barrow

“Well it really speaks to the fact that the treaty and the enforcement of the Revised Treaty of Chaguaramas maybe is not as active as we would want as a region, because this is the first case being referred as a country to the CCJ on the matter and so I hope it opens up the door for us to have a more robust discussion and environment and so for matter to be settled and settled in the interest of the common good.”

 

We also reached out to the Financial Services Commission, but officials declined to comment, citing the matter before the court. We’ll continue tracking the case as it unfolds.

 

Attention readers: This online newscast is a direct transcript of our evening television broadcast. When speakers use Kriol, we have carefully rendered their words using a standard spelling system.

 

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