2023 Investment Climate Statements: Trinidad and Tobago

Policies Towards Foreign Direct Investment

TT maintains a trade-dependent economy characterized by a generally open investment climate. The GoTT continues to attempt to strengthen intellectual property protection, leverage new financial technologies to improve the delivery of services, streamline the tax structure, and facilitate better customs procedures. While TT is a free market economy, the GoTT is also actively engaged in TT’s economic development through a network of wholly-owned and majority-owned state enterprises. Most formal investment barriers have been eliminated, and foreign investors are not required to enter joint ventures or cede management control to local interests. While TT’s legal framework and public policies are generally favorable toward foreign investors, U.S. companies cite bureaucracy and opaque procedures as hurdles that are more effectively navigated with a local partner.

Eligibility for various incentive schemes depends on investment proposals meeting the criteria set by relevant government agencies. TT places no restrictions on reinvestment or repatriation of earnings or capital. The judicial system, which includes arbitration and mediation centers, upholds the sanctity of contracts. TT’s judicial system is notoriously slow, although this applies to all matters and not only to those involving foreign investors.

InvesTT ( https://www.investt.co.tt/ ) is the lead investment promotion agency that facilitates foreign investment in the non-energy sector. InvesTT undertakes investment promotion and industry development and work with both foreign and local investors by assisting throughout their decision-making process, facilitating the process of setting up the business, and providing aftercare service once established. InvesTT maintains ongoing dialogue with investors through the aftercare team which monitors industry developments, provides support for operational issues, and submits policy recommendations to the Ministry of Trade and Industry.

Limits on Foreign Control and Right to Private Ownership and Establishment

Foreign and domestic entities may readily establish, operate, and dispose of their own enterprises in TT. There have been no significant changes over the last 12 months.

There are no limits on foreign ownership. Under the Foreign Investment Act of 1990, a foreign investor is permitted to own 100 percent of the share capital in a private company. A license is required to own more than a 30 percent of a public company.

TT maintains an investment screening mechanism for foreign investment related to specific projects that have been submitted for the purpose of accessing sector-specific incentives, such as for those offered in the tourism industry. Information on criteria to access the development incentives are listed in various legislative acts such as the Tourism Development Act of 2001. There are no reports of U.S. investors being especially disadvantaged or singled out relative to other foreign investors.

Other Investment Policy Reviews

The World Trade Organization conducted a trade policy review for TT in 2019: https://www.wto.org/english/tratop_e/tpr_e/tp488_e.htm 

The Business and Human Rights Resource Center noted concerns about the expansion of Chinese investment in TT in 2019. https://www.business-humanrights.org/en/latest-news/trinidad-and-tobago-concerns-raised-about-expansion-of-chinese-investment-in-the-country/ 

Business Facilitation

The GoTT has attempted to improve the ease of starting and operating businesses in TT by automating parts of the process. The business registration website is: www.ttbizlink.gov.tt . In 2023, the Global Enterprise Registration Network (GER) gives the TT business registration website a moderate score of 6.5 out of ten for its single electronic window reflecting strengths in making simultaneous requests but weaknesses in the inability to make online payments. The online information portal, www.TTconnect.gov.tt , received a below-average score of four out of ten since the site does not provide necessary and sufficient indications for the user to be able to complete the procedures. One of the portal’s strengths is that a feedback mechanism allows users to communicate with authorities.

Foreign companies can use the website and business registration requires completion of seven procedures over a period of ten days. The agencies with which a company must typically register include:

• Companies Registry, Ministry of Legal Affairs
• Board of Inland Revenue
• National Insurance Board; and
• Value Added Tax (VAT Office, Board of Inland Revenue)

Outward Investment

The host government does not promote or incentivize outward investment.

The host government does not restrict domestic investors from investing abroad.

Transparency of the Regulatory System

Through the TT Fair Trading Commission, the GoTT develops transparent policies and effective laws to foster market-based competition on a non-discriminatory basis and establishes “clear rules of the game.” Legal, regulatory, and accounting systems are generally transparent and consistent with international norms.

There are no informal regulatory processes managed by non-governmental organizations or private sector associations.

Rule-making and regulatory authority exist within the ministries and regulatory agencies at the national level. The GoTT consults frequently, but not always, with international agencies and business associations in developing regulations. The GoTT submits draft regulations to Parliament for approval. The process is the same for each ministry.

Accounting, legal, and regulatory procedures are transparent and consistent with international norms. International financial reporting standards are required for domestic public companies. The GoTT promotes but does not require companies’ environmental, social, and governance disclosure to facilitate transparency to help investors and consumers distinguish between high- and low-quality investments.

Proposed laws and regulations are often published in draft form electronically for public review at http://www.ttparliament.org/ , although there is no legal obligation to do so. The GoTT often solicits private sector and business community comments on proposed legislation, although there is no timeframe for the length of a consultation period when it happens, nor is reporting on the consultations mandatory.

All draft bills and regulations are printed in the official gazette and other websites:

• www.news.gov.tt/content/e-gazette# 
• www.ric.org.tt ;
• www.ttparliament.org 

The U.S. Embassy is not aware of an oversight or enforcement mechanism that ensures that the GoTT follows administrative processes.

There has not been any announcement regarding reforms to the regulatory system, including enforcement, since the last ICS report. Regulatory reform efforts announced in prior years, such as the mechanism to calculate and collect property tax and the establishment of the revenue authority, have not been fully implemented.

Establishment of the revenue authority is intended to increase collections and streamline the system for paying taxes.

At present, regulatory enforcement mechanisms are usually a combination of moral suasion and the use of applicable administrative, civil, or criminal sanctions. The enforcement process is not legally reviewable.

Regulation is usually reviewed based on scientific or data-driven assessments. Scientific studies or quantitative analyses are not made publicly available. Public comments received by regulators are generally not made public.

Public finances and debt obligations are transparent and publicly available on the central bank website: https://www.central-bank.org.tt 

International Regulatory Considerations

TT is not part of a regional economic block, though it is part of the CARICOM, a regional trading bloc that provides duty-free access to member countries’ goods, free movement to some members, and establishes common treatment of non-members on specific issues. CARICOM continues to explore implementation of the Caribbean Single Market and Economy (CSME) that would eventually integrate member countries into a single economic unit. The CSME was formally named in 1989 and when fully completed would succeed CARICOM.

TT’s legal, regulatory, and accounting systems are generally consistent with United Kingdom standards.

The GoTT has not consistently notified the World Trade Organization (WTO) Committee on Technical Barriers to Trade (TBT) of draft technical regulations.

Legal System and Judicial Independence

TT’s legal system is based on English common law. Contracts are legally enforced through the court system.

TT has a written commercial law. There are few specialized courts, making the resolution of legal claims time consuming. An industrial court exclusively handles cases relating to labor practices but also suffers from severe backlogs and is widely seen to favor claimants.

Civil cases of less than $2,250 are heard by the Magistrate’s Court. Matters exceeding that amount are heard in the High Court of Justice, which can grant equitable relief. There is no court or division of a court dedicated solely to hearing commercial cases.

TT’s judicial system is independent of the executive, and the judicial process is competent, procedurally and substantively fair, and reliable, although very slow. According to the World Bank’s Doing Business 2020 report, TT ranks 174 of 190 in ease of enforcing contracts, and its court system requires 1,340 days to resolve a contract claim, nearly double the Latin American and Caribbean regional average.

Decisions may be appealed to the Court of Appeal in the first instance. The United Kingdom Privy Council Judicial Committee is the final court of appeal.

Laws and Regulations on Foreign Direct Investment

TT’s judicial system respects the sanctity of contracts and generally provides a level playing field for foreign investors involved in court matters. Due to the backlog of cases, however, there can be major delays in the process. It is imperative that foreign investors seek competent local legal counsel. Some U.S. companies are hesitant to pursue legal remedies, preferring to attempt good faith negotiations in order to avoid an acrimonious relationship that could harm their interests in the country’s small, tight-knit business community.

There is no “one-stop-shop” website for investment providing relevant laws, rules, and procedures. Useful websites to help navigate foreign investment laws, rules, and procedures include:

• http://www.legalaffairs.gov.tt 
• https://www.rgd.legalaffairs.gov.tt 
• http://www.tradeind.gov.tt 
• https://investmentpolicy.unctad.org/investment-laws/laws/46/trinidad-and-tobago-foreign-investment-act 

Competition and Antitrust Laws

The TT Fair Trading Commission is an independent statutory agency responsible for promoting and maintaining fair competition in the domestic market. It is tasked with investigating the various forms of anti-competitive business conduct set out in the Fair-Trading Act. No cases that involve foreign investment have arisen in the past 12 months. The agency adheres to fair and transparent norms and procedures. The agency’s decisions can be appealed to the judicial system.

Expropriation and Compensation

The GoTT can legally expropriate property based on the needs of the country and only after due process including adequate compensation, generally based on market value. Various pieces of legislation make provisions for compulsory licensing in the interest of public health or intellectual property rights.

The U.S. Embassy is not aware of any direct or indirect expropriation actions since the 1980s. All prior expropriations were compensated to the satisfaction of the parties involved. Energy sector contacts occasionally describe the tax regime as confiscatory, pointing to after-the-fact withdrawal or weakening of tax incentives offered to entice investment once investment occurs.

Claimants did not allege a lack of due process in prior expropriation cases.

Dispute Settlement

ICSID Convention and New York Convention

TT is a party to the International Centre for the Settlement of Investment Disputes (ICSID Convention) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York convention).

Local courts recognize and enforce foreign arbitral awards according to chapter 20 of the Arbitration (Foreign Arbitral Awards) Act 1996.

Investor-State Dispute Settlement

The bilateral investment treaty between the United States and TT recognizes binding arbitration of investment disputes.

The U.S. Embassy is not aware of any claims by U.S. investors under the bilateral investment treaty with the United States.

The U.S. Embassy is unaware of any disputes involving U.S. or other foreign investors over the past 10 years. There is no history of extrajudicial action against foreign investors.

International Commercial Arbitration and Foreign Courts

Some of the available types of alternative dispute resolution include mediation and arbitration. The Civil Proceedings Rules encourage parties to make reasonable attempts to resolve their disputes amicably with litigation as a last resort.  Mediation and arbitration are most commonly used.

There is a domestic dispute resolution center that offers arbitration services. Domestic legislation, the Arbitration Act of 1939, is based on early English arbitration legislation and is not modeled on internationally accepted regulations.

The U.S. Embassy has no records of any investment disputes involving a state-owned enterprise (SOE).

Bankruptcy Regulations

TT’s Bankruptcy and Insolvency Act of 2007 provides a statutory framework that allows companies and individuals to address financial difficulties. Creditors have the right to be notified within 10 days of the appointment of a receiver and to receive a final report, a statement of accounts, and an assessment of claim. Claims of secured creditors are prioritized under the Bankruptcy Act. No distinction is made between foreign and domestic creditors or contract holders. Bankruptcy is not criminalized.

Investment Incentives

Investment incentives include the following: exemption from import duties and customs duties, tax credits and deferrals, cash refunds, carry-over of losses, and access to loans. These are available equally to foreign and domestic investors, but delays in cash refund payments are a frequent complaint. There are no specific incentives for underrepresented investors such as women. Additional information is available on the following websites:

• https://www.finance.gov.tt/mof-investment-incentives-in-trinidad-and-tobago/ 
• www.investt.com 

The GoTT sometimes jointly finances foreign direct investment projects, but it is not common.

The Ministry of Energy and Energy Industries continues to work on a Feed in Tariff (FIT) policy and a FIT Implementation plan under the Global Climate Change Alliance+ initiative.

Foreign Trade Zones/Free Ports/Trade Facilitation

The TT Special Economic Zones Bill, 2021 was passed in the Parliament in January 2022, creating a Special Economic Zone Authority and replacing the prior 1988 Free Zones Act. The new authority has not yet been fully implemented but is expected to occur in 2023.

Performance and Data Localization Requirements

The GoTT does not mandate – although it strongly encourages through negotiable incentives – projects that generate employment and foreign exchange, provide training and/or technology transfer, boost exports or reduce imports, have local content; and generally, contribute to the welfare of the country.

The GoTT does not mandate that locals be recruited to senior management and boards of directors.

Several foreign firms have encountered inconsistencies leading to long delays in the issuance of long-term work permits, but there are no explicit, onerous requirements.

There are no government/authority-imposed conditions on permission to invest.

There are no forced localization requirements.

There are no performance requirements and thus no enforcement procedures. There is no indication of an intention to implement across-the-board performance requirements.

Investment incentives are uniform for domestic and foreign investors but offered on a case-by-case, instead of an across-the-board basis.

There are no requirements for foreign information technology (IT) providers to turn over source code and/or provide access to encryption.

There are no measures that prevent or restrict companies from freely transmitting customer or other business-related data outside the country.

There are no rules on local data storage within TT.

Real Property

Property rights and interests are enforced in court. Mortgages and liens exist. TT has a dual system of land titles, the old common law system and the registered land title system governed by the Real Property Act of 1946. Nearly 80 percent of land in TT remains under the more complicated common law system, which is not reliable for recording secured interests.

The Foreign Investment Act of 1990 governs the acquisition of any interest in land by foreign investors. It states that foreign investors wishing to acquire land larger than five acres must obtain a license from the Ministry of Finance. Licenses are generally granted in practice per the criteria provided here: https://www.finance.gov.tt/wp-content/uploads/2014/05/51.pdf .

It is not clear what proportion of land does not have clear title. The GoTT does not make a defined effort to identify property owners and register land titles. Property ownership can revert to squatters if they can prove exclusive possession of another’s land, without permission, for at least 16 years in the case of private lands and 30 years on state lands.

Intellectual Property Rights

The process of protecting intellectual property involves applying for and registering patents, trademarks, or designs. TT’s intellectual property rights (IPR) legal structure is strong, but enforcement is generally weak. U.S. rights holders identify that infringement on rights sometimes occurs.

TT is a member of the World Intellectual Property Organization (WIPO). In 2020, TT acceded to the Madrid Protocol on Trademarks. Trinidad and Tobago is not a party to the Hague agreement concerning the international registration of industrial designs, nor is it a party to the 2000 Patent Law Treaty..

TT does not comprehensively track seizures of counterfeit goods. At its May 2019 WTO Trade Policy Review, it reported one seizure in 2018. The country has prosecuted IPR violations in the past, but such prosecutions are uncommon.

TT is listed in the United States Trade Representative’s (USTR) 2023 Special 301 Report Watch List. The United States remains concerned about the lack of enforcement action against the two state-owned telecommunications networks that continue to violate the agreement, both of which broadcast unlicensed U.S. over-the-air signal content as part of their commercial television subscription packages.

TT is not included in USTR’s 2022 Review of Notorious Markets for Counterfeiting and Piracy.

For additional information about national laws and points of contact at local IP offices, please see WIPO’s country profiles at: http://www.wipo.int/directory/en/ 

Capital Markets and Portfolio Investment

The GoTT welcomes foreign portfolio investment.

TT has its own stock market and has an established regulatory framework to encourage and facilitate portfolio investment. There is enough liquidity in the markets to enter and exit sizeable positions.

Existing policies facilitate the free flow of financial resources into the product and factor markets.

The GoTT and the Central Bank of Trinidad and Tobago respect International Monetary Fund’s (IMF) Article VIII by refraining from restrictions on payment and transfers for current international transactions. Shortages of foreign exchange, exacerbated by the government’s maintenance of the local currency at values higher than those which the market would bear, however, cause considerable delays in payments and transfers for international transactions.

A full range of credit instruments is available to the private sector. There are no restrictions on borrowing by foreign investors, who can access credit. Credit is allocated on market terms, but interest rates tend to be higher for foreign borrowers.

Money and Banking System

Banking services are widespread throughout urban areas, but penetration is significantly lower in rural areas.

Although the banking sector is healthy and well-capitalized, the IMF in its most recent Financial Stability Assessment Program noted TT’s banks are exposed to sovereign risk and potential liquidity risks stemming from non-bank financial entities in the group. The IMF finds that while progress has been made toward strengthening the financial system overall, several vulnerabilities remain: increasing household and business debt; high exposures to the sovereign; interconnectedness; need to further strengthen the financial regulatory and supervisory framework; through transforming the investment fund sector, consolidating supervision of conglomerate groups and strengthening supervisory resource and independence in line with international best practices. The supervisors operate with guidelines in key areas instead of binding powers, which limits their authority.

In December 2021, the estimated total assets of TT’s largest banks was $23.1 billion.

TT has a central bank system. Foreign banks may establish operations in TT provided they obtain a license from the central bank. TT has not lost correspondent banking relationships in the past three years. The U.S. Embassy is not aware of any current correspondent banking relationships that are in jeopardy.

There are no restrictions on a foreigner’s ability to establish a bank account.

Foreign Exchange and Remittances

Foreign Exchange

There are no restrictions or limitations placed on foreign investors in converting, transferring, or repatriating funds associated with an investment.

Shortages of foreign exchange, exacerbated by the government’s maintenance of the local currency at values higher than those which the market would bear, cause considerable delays in conversion into world currencies. Businesses continue to report a cumbersome bureaucratic process and a minimum three-month delay in such conversions.

The central bank intervenes to maintain an unofficial peg to the U.S. dollar, using a managed float in which the exchange rate fluctuates mildly day-to-day and limits the availability of foreign currency.

Remittance Policies

While there are no recent changes or plans to change investment remittance policies to tighten or relax access to foreign exchange for investment remittances, commercial banks have enacted policies that limit access to foreign exchange due to national shortages, on guidance from the Ministry of Finance and the central bank.

Although there are no official time limitations on remittances, timeliness of remittances depends on availability of foreign currency.

Sovereign Wealth Funds

The value of TT’s Heritage and Stabilization Fund as of September 2022 is approximately $5 billion. The fund invests in U.S. short duration fixed income, U.S. core domestic fixed income, U.S. core domestic equities, and non-U.S. core international equities. The percentage of investment in the United States is not public.

The sovereign wealth fund (SWF) follows the voluntary code of good practices known as the Santiago Principles. TT participates in the IMF-hosted International Working Group on Sovereign Wealth Funds.

None of the SWF is invested domestically. There are no potentially negative ramifications for U.S. investors in the local market.

Privatization Program

TT does not have a privatization program in place, but the government has issued initial public offerings of various state-owned companies to obtain revenue, primarily in the finance and energy sectors. Foreign investors can participate in the initial public offerings of SOEs.

The purchase of initial public offering shares on past occasions was open to the public, easy to understand, non-discriminatory, and transparent. For example: https://ngc.co.tt/media/news/ngl-initial-public-offering-brokerage-details/ 

Additional Resources

Department of State

• Country Reports on Human Rights Practices;
• Trafficking in Persons Report;
• Guidance on Implementing the “UN Guiding Principles” for Transactions Linked to Foreign Government End-Users for Products or Services with Surveillance Capabilities;
• U.S. National Contact Point for the OECD Guidelines for Multinational Enterprises; and;
• Xinjiang Supply Chain Business Advisory 

Department of the Treasury

• OFAC Recent Actions

Department of Labor

• Findings on the Worst Forms of Child Labor Report;
• List of Goods Produced by Child Labor or Forced Labor;
• Sweat & Toil: Child Labor, Forced Labor, and Human Trafficking Around the World and;
• Comply Chain.

Climate Issues

The GoTT has a national climate change policy focused on emissions reduction. The National Biodiversity Strategy and Action Plan outlines the status of biodiversity, the value of biodiversity and ecosystem services to human health and well-being, the threats to biodiversity, and the legal and policy context for implementation.

The GoTT has not yet introduced any policies as incentives to reach net-zero, but it is in dialogue with stakeholders from various sectors on achieving net-zero. There are no regulatory incentives to achieve policy outcomes that preserve biodiversity, clean air, or other desirable ecological benefits. There are no policies targeting particular commodities or supply chains as drivers of deforestation, but the EITI is engaged in promoting greater transparency in this sector. Within the last twelve months, the GoTT has asked ministries to consider environmental considerations when procuring goods and services.

Resources to Report Corruption

Contact information for the government agency or agencies that are responsible for combating corruption:

Mr. Rajendra Ramlogan
Chairman
The Integrity Commission
P.O. Box 1253, Port of Spain
The Integrity Commission of Trinidad and Tobago Level 14, Tower D, International Waterfront Centre, 1A Wrightson Road, Port of Spain
868-623-8305
registrar@integritycommission.org.tt 

Mr. Dion Abdool
Chairman
Trinidad and Tobago Transparency Institute (local chapter of Transparency International)
Unit 4-12, Building 7, Fernandes Industrial Centre, Laventille
868-626-5756
admin@transparency.org.tt