Country-wide policy
A treaty here outranks a statute without any Act saying so
The common-law countries covered here inherit the rule that a treaty does nothing domestically until Parliament enacts it, which is why Trinidad needed an Act giving the Revised Treaty of Chaguaramas the force of law and Guyana needed one with a supremacy clause. Suriname inherits the Dutch rule instead. Article 103 of the Constitution requires the National Assembly to approve an agreement before it is ratified or enters into force; article 105 then gives provisions of such agreements that by their content can bind everyone binding force once published; and article 106 disapplies any Surinamese statutory rule whose application would be incompatible with such a provision, whether the agreement was entered into before or after the rule. The consequence runs through this whole country record. An absence of implementing legislation in Suriname is not the same fact that it is in Saint Kitts or Grenada, and it cannot be read as an absence of the right.
Topics it changes
- Visiting as a tourist
- Residency through work
- Residency under a regional treaty
- When you become a tax resident
At a glance
- Approval of a treaty
- By Act, or tacitly if the Assembly does not ask for express approval within thirty days
- Effect of a self-executing provision
- Binding force once published
- Conflict with a statute
- The statute is not applied
- Whether the treaty came first
- Irrelevant
Why the comparison has to be read differently here
In this reference the question "is the right of establishment implemented" has so far had a clean answer, because in a common-law state the implementing Act either exists or does not. Suriname breaks that. It has no Movement of Factors Act and no Caribbean Community Act, and it has a constitutional provision that makes self-executing treaty provisions binding and supreme on publication. Whether article 45 of the Revised Treaty of Chaguaramas is self-executing is a question of the treaty's content that only a Surinamese court can answer, and we have found no decision. What can be said with confidence is the negative that matters for a reader: there is no Surinamese statute conferring a right of establishment, no statutory appeal against a functionary who obstructs one, and no criminal sanction for obstruction, which are precisely the three things Guyana's Act provides.
What the law says
«Overeenkomsten met andere mogendheden en met volkenrechtelijke organisaties worden door of
met machtiging van de President gesloten en voor zover de overeenkomst dat eist, door de
President bekrachtigd. Deze overeenkomsten worden zo spoedig mogelijk aan De Nationale
Assemblée medegedeeld; zij worden niet bekrachtigd en treden niet in werking dan nadat zij door
De Nationale Assemblée zijn goedgekeurd.»Our translation - not official
Agreements with other powers and with international organisations are concluded by or with authorisation of the President and, so far as the agreement requires it, ratified by the President. These agreements are communicated to the National Assembly as soon as possible; they are not ratified and do not enter into force until they have been approved by the National Assembly.
About this source
The National Assembly's legislation portal, and the only public collection of Surinamese law we found. Four collections, divided by one date. `Geldende teksten t/m 2005` holds consolidated texts: amendments were worked into the parent Acts in a project in 2005. `Wetten na 2005`, `Wijzigingen na 2005` and `Overeenkomsten/verdragen` hold the Acts, amending Acts and treaty-approval Acts published since, each as a facsimile of the page of the Staatsblad van de Republiek Suriname in which it was promulgated. Together about five hundred instruments. It also publishes `Naturalisatie wetten`, because in Suriname naturalisation is granted by an Act of Parliament.
Standing: Maintains the text in force
Cannot be cited for: The consolidation stops in 2005 and the portal says so on its own index page: "De nieuwe wetten en wetswijzigingen zijn daarna niet opgenomen in de geldende tekst." So a text from the first collection shows the law as the 2005 project left it and nothing more - the Income Tax Act's consolidated text carries amendments only to S.B. 2003 no. 30, prints its rate table in a currency withdrawn in 2004, and has ten later amending entries in the portal's own list. Every money figure in that collection is in Surinamese guilders. Instruments in the other three collections are as enacted and carry no cut-off, but they are scans with no text layer, so they are readings of a picture. The collection carries Acts, amendments, treaties, naturalisation Acts and budgets, and does NOT carry staatsbesluiten, ministeriële beschikkingen or resoluties - which is where much of Surinamese immigration practice lives, so the absence of a measure here is never evidence that it was not made. It also does not always carry the parent Act: the Rijwet 1971 and the Wet Tarief van Invoerrechten 1996 appear only through instruments amending them, and the 1989 Act amending the Rijwet has a page with no document attached.
We re-read it every 60 days. More about this source
«Bepalingen van de in artikel 103 bedoelde overeenkomsten, welke naar de inhoud een ieder
kunnen binden, hebben verbindende kracht nadat zij zijn bekendgemaakt.»Our translation - not official
Provisions of the agreements referred to in article 103 which by their content can bind everyone have binding force after they have been published.
About this source
The National Assembly's legislation portal, and the only public collection of Surinamese law we found. Four collections, divided by one date. `Geldende teksten t/m 2005` holds consolidated texts: amendments were worked into the parent Acts in a project in 2005. `Wetten na 2005`, `Wijzigingen na 2005` and `Overeenkomsten/verdragen` hold the Acts, amending Acts and treaty-approval Acts published since, each as a facsimile of the page of the Staatsblad van de Republiek Suriname in which it was promulgated. Together about five hundred instruments. It also publishes `Naturalisatie wetten`, because in Suriname naturalisation is granted by an Act of Parliament.
Standing: Maintains the text in force
Cannot be cited for: The consolidation stops in 2005 and the portal says so on its own index page: "De nieuwe wetten en wetswijzigingen zijn daarna niet opgenomen in de geldende tekst." So a text from the first collection shows the law as the 2005 project left it and nothing more - the Income Tax Act's consolidated text carries amendments only to S.B. 2003 no. 30, prints its rate table in a currency withdrawn in 2004, and has ten later amending entries in the portal's own list. Every money figure in that collection is in Surinamese guilders. Instruments in the other three collections are as enacted and carry no cut-off, but they are scans with no text layer, so they are readings of a picture. The collection carries Acts, amendments, treaties, naturalisation Acts and budgets, and does NOT carry staatsbesluiten, ministeriële beschikkingen or resoluties - which is where much of Surinamese immigration practice lives, so the absence of a measure here is never evidence that it was not made. It also does not always carry the parent Act: the Rijwet 1971 and the Wet Tarief van Invoerrechten 1996 appear only through instruments amending them, and the 1989 Act amending the Rijwet has a page with no document attached.
We re-read it every 60 days. More about this source
«Binnen de Republiek Suriname geldende wettelijke voorschriften vinden geen toepassing,
wanneer deze toepassing niet verenigbaar zou zijn met een ieder verbindende bepalingen van
overeenkomsten, die hetzij voor, hetzij na de totstandkoming van de voorschriften zijn»Our translation - not official
Statutory rules in force within the Republic of Suriname shall not be applied where that application would be incompatible with provisions binding on everyone of agreements which were entered into either before or after the enactment of the rules.
The stored text breaks at the page boundary after the words quoted. The sentence completes with the words that the agreements were entered into before or after the coming into being of the rules.
Read it at the sourceAbout this source
The National Assembly's legislation portal, and the only public collection of Surinamese law we found. Four collections, divided by one date. `Geldende teksten t/m 2005` holds consolidated texts: amendments were worked into the parent Acts in a project in 2005. `Wetten na 2005`, `Wijzigingen na 2005` and `Overeenkomsten/verdragen` hold the Acts, amending Acts and treaty-approval Acts published since, each as a facsimile of the page of the Staatsblad van de Republiek Suriname in which it was promulgated. Together about five hundred instruments. It also publishes `Naturalisatie wetten`, because in Suriname naturalisation is granted by an Act of Parliament.
Standing: Maintains the text in force
Cannot be cited for: The consolidation stops in 2005 and the portal says so on its own index page: "De nieuwe wetten en wetswijzigingen zijn daarna niet opgenomen in de geldende tekst." So a text from the first collection shows the law as the 2005 project left it and nothing more - the Income Tax Act's consolidated text carries amendments only to S.B. 2003 no. 30, prints its rate table in a currency withdrawn in 2004, and has ten later amending entries in the portal's own list. Every money figure in that collection is in Surinamese guilders. Instruments in the other three collections are as enacted and carry no cut-off, but they are scans with no text layer, so they are readings of a picture. The collection carries Acts, amendments, treaties, naturalisation Acts and budgets, and does NOT carry staatsbesluiten, ministeriële beschikkingen or resoluties - which is where much of Surinamese immigration practice lives, so the absence of a measure here is never evidence that it was not made. It also does not always carry the parent Act: the Rijwet 1971 and the Wet Tarief van Invoerrechten 1996 appear only through instruments amending them, and the 1989 Act amending the Rijwet has a page with no document attached.
We re-read it every 60 days. More about this source
«Deze wet is niet van toepassing op:
a. personen van wie ingevolge bepalingen, vastgesteld bij overeenkomst met andere
mogendheden dan wel bij een voor Suriname verbindend besluit van een
volkenrechtelijke organisatie, een werkvergunning niet mag worden verlangd;
b. personen, die behoren tot een bij staatsbesluit aangewezen categorie.»Our translation - not official
This Act does not apply to: (a) persons from whom, under provisions laid down by agreement with other powers or by a decision of an international organisation binding on Suriname, a work permit may not be required; (b) persons belonging to a category designated by State decree.
Known to be out of date. Amended after this consolidation by S.B. 2022 no. 144, which replaced the fee in article 4(2), added a new article 4(8), rewrote the refusal grounds in article 7 and replaced the penalty in article 12. That amending Act is read and cited separately.
An example of how a Surinamese Act handles a treaty: it does not transpose anything, it steps aside for whatever the treaty says.
Read it at the sourceAbout this source
The National Assembly's legislation portal, and the only public collection of Surinamese law we found. Four collections, divided by one date. `Geldende teksten t/m 2005` holds consolidated texts: amendments were worked into the parent Acts in a project in 2005. `Wetten na 2005`, `Wijzigingen na 2005` and `Overeenkomsten/verdragen` hold the Acts, amending Acts and treaty-approval Acts published since, each as a facsimile of the page of the Staatsblad van de Republiek Suriname in which it was promulgated. Together about five hundred instruments. It also publishes `Naturalisatie wetten`, because in Suriname naturalisation is granted by an Act of Parliament.
Standing: Maintains the text in force
Cannot be cited for: The consolidation stops in 2005 and the portal says so on its own index page: "De nieuwe wetten en wetswijzigingen zijn daarna niet opgenomen in de geldende tekst." So a text from the first collection shows the law as the 2005 project left it and nothing more - the Income Tax Act's consolidated text carries amendments only to S.B. 2003 no. 30, prints its rate table in a currency withdrawn in 2004, and has ten later amending entries in the portal's own list. Every money figure in that collection is in Surinamese guilders. Instruments in the other three collections are as enacted and carry no cut-off, but they are scans with no text layer, so they are readings of a picture. The collection carries Acts, amendments, treaties, naturalisation Acts and budgets, and does NOT carry staatsbesluiten, ministeriële beschikkingen or resoluties - which is where much of Surinamese immigration practice lives, so the absence of a measure here is never evidence that it was not made. It also does not always carry the parent Act: the Rijwet 1971 and the Wet Tarief van Invoerrechten 1996 appear only through instruments amending them, and the 1989 Act amending the Rijwet has a page with no document attached.
We re-read it every 60 days. More about this source
«Ter uitvoering van een overeenkomst met een andere mogendheid dan wel van een besluit
van een volkenrechtelijke organisatie als bedoeld in de Grondwet, kan bij staatsbesluit ten
gunste van hetzij vreemdelingen in het algemeen, hetzij bepaalde categorieën van
vreemdelingen, worden afgeweken van deze wet.»Our translation - not official
To implement an agreement with another power or a decision of an international organisation as referred to in the Constitution, derogation from this Act may be made by State decree in favour of either aliens generally or particular categories of aliens.
The same technique in the aliens law. A State decree can set aside any part of the Act for a treaty, which means Suriname would not need a new immigration statute to give effect to a free movement arrangement. We did not find such a decree.
Read it at the sourceAbout this source
The National Assembly's legislation portal, and the only public collection of Surinamese law we found. Four collections, divided by one date. `Geldende teksten t/m 2005` holds consolidated texts: amendments were worked into the parent Acts in a project in 2005. `Wetten na 2005`, `Wijzigingen na 2005` and `Overeenkomsten/verdragen` hold the Acts, amending Acts and treaty-approval Acts published since, each as a facsimile of the page of the Staatsblad van de Republiek Suriname in which it was promulgated. Together about five hundred instruments. It also publishes `Naturalisatie wetten`, because in Suriname naturalisation is granted by an Act of Parliament.
Standing: Maintains the text in force
Cannot be cited for: The consolidation stops in 2005 and the portal says so on its own index page: "De nieuwe wetten en wetswijzigingen zijn daarna niet opgenomen in de geldende tekst." So a text from the first collection shows the law as the 2005 project left it and nothing more - the Income Tax Act's consolidated text carries amendments only to S.B. 2003 no. 30, prints its rate table in a currency withdrawn in 2004, and has ten later amending entries in the portal's own list. Every money figure in that collection is in Surinamese guilders. Instruments in the other three collections are as enacted and carry no cut-off, but they are scans with no text layer, so they are readings of a picture. The collection carries Acts, amendments, treaties, naturalisation Acts and budgets, and does NOT carry staatsbesluiten, ministeriële beschikkingen or resoluties - which is where much of Surinamese immigration practice lives, so the absence of a measure here is never evidence that it was not made. It also does not always carry the parent Act: the Rijwet 1971 and the Wet Tarief van Invoerrechten 1996 appear only through instruments amending them, and the 1989 Act amending the Rijwet has a page with no document attached.
We re-read it every 60 days. More about this source
Practical notes
The National Assembly's treaty collection contains the 2006 Act approving the Protocol to the Revised Treaty on the Caribbean Court of Justice's original jurisdiction. We did not find an Act approving the Revised Treaty itself, which Suriname would have approved on acceding to the Community. The collection's coverage of pre-2005 treaty approvals is not something we can vouch for.
Article 104(1) allows tacit approval: if the Assembly does not ask for express approval within thirty days of an agreement being laid before it, approval is given. So the absence of an approving Act does not by itself mean a treaty was not approved.