Case Briefing: Referral between Anwar Barrow and others and Financial Services Commission

Case Briefing: Referral between Anwar Barrow and others and Financial Services Commission

Referral between Anwar Barrow and Others and the Financial Services Commission This referral was made from the High Court of Belize to the Caribbean Court of Justice (CCJ) under Article 214 of the Revised Treaty of Chaguaramas (RTC). In the proceedings before the High Court, the first claimant is a Belizean businessman who owns and operates businesses in Belize and other Member States of the Caribbean Community ('CARICOM'). The second to eighth claimants are companies registered in Belize in which he has an interest. The first respondent is the Financial Services Commission, a government authority responsible for enforcing the laws involved in the case. The second respondent is the Attorney General of Belize. The claimants challenge the requirement to: - Have a registered agent in Belize if the company has any shareholders or directors from CARICOM Member States; - Submit company documents only through that registered agent; and - Pay certain government fees in United States dollars (USD) instead of Belize dollars (BZD). The High Court has asked the CCJ whether the relevant requirements are in breach of Article 177 of the RTC which prohibits anti-competitive business conduct.