Common Market For Eastern and Southern Africa Treaty (Implementation) Act

SCHEDULE

Treaty Establishing the Common Market fo r Eastern and Southern Africa

THE COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA TREATY (IMPLEMENTATION) ACT, 2017.

An Act to give the force o f law in U ganda to the Treaty E stablishing the Com m on M arket for Eastern and Southern Africa; and to provide for related m atters.

W h e r e a s , the Republic of Uganda becam e a M em ber o f the Com m on M arket for Eastern and Southern A frica (CO M ESA ) on the 5th day o f November, 1993, when the President o f the R epublic o f U ganda signed, together with other High Contracting Parties, the Treaty for the Establishm ent of the Com m on M arket for Eastern and Southern Africa;

A n d w h e r e a s the G overnm ent o f the Republic o f U ganda duly ratified the Treaty in accordance with clause (2) o f article 76 o f the 1967 Constitution o f the Republic o f U ganda as required by Article 194 o f the Treaty;

A n d w h e r e a s it is expedient to give the force o f law to the Treaty in Uganda;

D a te o f A s s e n t : 2 2 n d A p r il, 2 0 1 7 .

Date o f Commencement: 25th A ugust, 2017.

N ow t h e r e f o r e , be it enacted by Parliam ent as follows:

In this A ct unless the context otherwise requires -

Subject to the Treaty, the Com m on M arket (a) shall, in U ganda, have the legal capacity o f a body corporate with perpetual succession and may acquire, hold, m anage and dispose o f movable and im m ovable property and sue and be sued in its corporate name;

Subject to the Treaty, Regulations made by the Council under Article 10 o f the Treaty shall have the force o f law in Uganda.

The M inister shall take all necessary steps to accord the Comm on M arket, its organs and institutions the privileges and im munities accorded to sim ilar organizations under the D iplom atic Privileges Act or any other enactment.

Any enactm ent in existence at the com m encem ent o f this Act shall have effect with such m odifications as may be necessary to give effect to this Act.

Treaty (Implementation) Act

SCHEDULE

TREATY ESTABLISHING THE COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA

TREATY ESTABLISHING THE COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA Contents PREAMBLE 21 CHAPTER ONE THE COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA Article 1-Establishment and Membership 22 CHAPTER TWO INTERPRETATION Article 2 -Interpretation 24 CHAPTER THREE AIMS AND OBJECTIVES Article 3-Aims and Objectives of the Common Market 31 Article 4 -Specific Undertakings 31 Article 5 -General Undertakings 34 Article 6 -Fundamental Principles 35 CHAPTER FOUR ORGANS OF THE COMMON MARKET Article 7 -Organs of the Common Market 36 Article 8-The Authority Composition and Functions 37 Article 9 -The Council of Ministers 38 Article 10-Regulations, Directives, Decisions, Recommendations and Opinions of Council 39 Article 11 -Reasons for Regulations, Decisions and Directives 40 Article 12-Entry into Force of Regulations, Directives and Decisions of the Council 40 Article 13-The Committee of Governors of Central Banks Composition and Functions 40 Article 14-Intergovernmental Committee Composition and Functions 41 Article 15-Technical Committees Composition and Functions 42 Article 16-Functions of the Technical Committees 43 Article 17-The Secretariat and the Secretary-General 43

Act 16 Treaty {Implementation) Act 2017 Article 18-Consultative Committee of the Business Community and Other Interest Groups - Composition and Functions 46

CHAPTER FIVE THE COURT OF JUSTICE

Article 19-Establishment of the Court 47 Article 20-Composition of the Court 47 Article 21 -Tenure of Office and Resignation 47 Article 22-Removal from Office and Temporary Membership of the Court 49 Article 23-General Jurisdiction of the Court 49 Article 24-Reference by Member States 49 Article 25-Reference by the Secretary-General 49 Article 26-Reference by Legal and Natural Persons 49 Article 27-Jurisdiction Over Claims by Common Market Employees and Third Parties Against the Common Market or its Institutions 50 Article 28-Jurisdiction under Arbitration Clauses and Special Agreements 50 Article 29-Jurisdiction of National Courts 50 Article 30-National Courts and Preliminary Rulings 51 Article 31 -Judgment of the Court 51 Article 32-Advisory Opinions of the Court 52 Article 33 -Representation before the Court 52 Article 34-Acceptance of Court Judgments 52 Article 35-Interim Orders 53 Article 36-Intervention 53 Article 37 -Proceedings 53 Article 38-Rules of Court 53 Article 39-Immunity of the President and Judges 53 Article 40-Execution of Judgment 54 Article 41 -Registrar and Other Staff 54 Article 42 -Budget 54 Article 43-Official Languages of the Court 55 Article 44-Seat of the Court 55

CHAPTER SIX CO-OPERATION IN TRADE LIBERALISATION AND DEVELOPMENT Article 45 -Scope of Co-operation in Trade Liberalisation and Development 55 Article 46-Customs Duties 55 Article 47-Common External Tariff 56 Article 48 -Rules of Origin 56 Article 49-Elimination of Non-tariff Barriers on Common Market Goods 57 Article 50-Security and Other Restrictions to Trade 58 Article 51 -Dumping 58 Article 52 -Subsidies Granted by Member States 60 Article 53-Exceptions to Levying of Countervailing Duty 60 Article 54-Co-operation in the Investigation of Dumping and Subsidies 61 Article 55-Competition 61 Article 56-Most Favoured Nation Treatment 62 Article 57-National Treatment 62 Article 58-Customs Administration 62 Article 59-Drawback 63 Article 60-Remedy for Loss of Revenue 63 Article 61 -Safeguard Clause 63 Article 62-Trade Promotion 64 CHAPTER SEVEN COMMON MARKET CUSTOMS CO-OPERATION Article 63 -Scope of Customs Co-operation 65 Article 64-Common Market Tariff Treatment 66 Article 65-Communication of Customs Information 67 Article 66-Prevention, Investigation and Suppression of Customs Offences 67 CHAPTER EIGHT RE-EXPORTATION OF GOODS

*Article 67-General Provisions 70 Article 68-Refund and Remission of Duties and Taxes 71

Common M arket For Eastern A nd Southern Africa A ct 16 Treaty (Im plem entation) Act 2017

CHAPTER NINE SIMPLIFICATION AND HARMONISATION OF TRADE DOCUMENTS AND PROCEDURES Article 69-Trade Documents and Procedures 72 I Article 70-Trade Facilitation 72 1 Article 71 -Standardisation of Trade Documents and Information 73 I CHAPTER TEN MONETARY AND FINANCIAL CO-OPERATION Article 72-Scope of Co-operation 741 Article 73 -Settlement of Payments 74 Article 74-Unit of Account 75 I Article 75-Establishment of a Payments Union 75 I Article 76-Monetary and Fiscal Policy Harmonisation 75 1 Article 77-Establishment of Currency Convertibility 76 1 Article 78-Formation of an Exchange Rate Union 76 I Article 79-Regional Macro-economic Co-ordination 77 I Article 80-Banking and Capital Market Development 77 I Article 81 -Capital Movement 78 I Article 82-Joint Project Financing 78 I Article 83 -Safeguard Measures 78 1 CHAPTER ELEVEN CO-OPERATION IN THE DEVELOPMENT OF TRANSPORT AND COMMUNICATIONS Article 84-Common Transport and Communication Policies 79 1 Article 85-Roads and Road Transport 79 1 Article 86-Railways and Rail Transport 82 1 Article 87-Air Transport 83 I Article 88-Maritime Transport and Ports 85 1 Article 89-Inland Waterway Transport 86 1 Article 90-Pipeline Transport 87 I Article 91 -Multimodal Transport 88 Article 92-Freight Booking Centres 88 Article 93-Freight Forwarders, Customs Clearing Agents and Shipping Agents 88 Article 94-Meteorological Services 89

Article 95-Postal Services 89 Article 96-Telecommunications 89 Article 97 -Radio and Television 90 Article 98-Common Provisions 91 CHAPTER TWELVE CO-OPERATION IN INDUSTRIAL DEVELOPMENT Article 99-Scope of Co-operation in Industrial Development 91 Article 100-Strategy and Priority Areas 92 Article 101-Multinational Industrial Enterprises 93 Article 102-Industrial Manpower Development, Training, Management and Consultancy Services 94 Article 103 -Industrial Research and Development and the Acquisition of Modern Technology 95 Article 104 -Exchange of Industrial and Technological Information 95 Article 105 -Mechanism for the Promotion of Industrial Development 96 CHAPTER THIRTEEN CO-OPERATION IN THE DEVELOPMENT OF ENERGY Article 106-Scope of Co-operation 97 Article 107-Trade in Energy Resources 98 Article 108-Efficient Use of Energy in Transport 98 Article 109-International Agreements 99 CHAPTER FOURTEEN CO-OPERATION IN HEALTH MATTERS Article 110-Scope of Co-operation 99 Article 111 -Illicit Drug Trafficking and Use of Banned Ingredients 100 CHAPTER FIFTEEN STANDARDISATION AND QUALITY ASSURANCE Article 112-Role of Standardisation and Quality Assurance 101 Article 113-Establishment of Standards 102 Article 114-Quality Assurance 102 Article 115 -Certification and Laboratory Accreditation 103 Article 116-Metrology 103 Article 117-Co-operation in Testing 104 Article 118 -Documentation and Information 104

Act 16 Treaty (Implementation) Act 20U Article 119-Training in Standardisation and Quality Assurance 101 Article 120-Publicity of Standardisation Activities 101 Article 121-Administrative Procedures 101 CHAPTER SIXTEEN CO-OPERATION IN THE DEVELOPMENT OF NATURAL RESOURCES, ENVIRONMENT AND WILDLIFE Article 122-Scope and Principles of Co-operation 101 Article 123-Co-operation in Management of Natural Resources lOfl Article 124-Co-operation in the Management of the Environment 101 Article 125 -Prevention of Illegal International Trade in Toxic and Hazardous Wastes 101 Article 126-Wildlife Development and Management 1l l

CHAPTER SEVENTEEN CO-OPERATION IN THE DEVELOPMENT OF SCIENCE AND TECHNOLOGY Article 127 -Scope of Co-operation 111 Article 128 -Promotion of Science and Technology 1ll

CHAPTER EIGHTEEN CO-OPERATION IN AGRICULTURE AND RURAL DEVELOPMEN

Article 129-Objectives of Co-operation in Agricultural Development 111 Article 130 -Co-operation in Agricultural Development 111 Article 131 -Co-operation in the Supply of Staple Foods 1ll Article 132-Co-operation in the Export of Agricultural Commodities 119 Article 133-Co-operation in Agro-industries 1lfl Article 134-Co-operation in Agricultural Research and Extension 1lfl Article 135-Co-operation in Drought and Desertification Management 111 Article 137 -Strengthening Farmers Participation in Agricultural Development 111

CHAPTER NINETEEN CO-OPERATION IN TOURISM

Article 138 -Promotion of Tourism 113

CHAPTER TWENTY DEVELOPMENT OF COMPREHENSIVE INFORMATION SYSTEMS

Article 139-The Common Market Information System 120 Article 140-Co-operation in Statistical Development 122 Article 141-Trade Information 123 Article 142-Depository Library 123

CHAPTER TWENTY ONESOCIAL AND CULTURAL AFFAIRS

Article 143-Co-operation in Social and Cultural Affairs 123

CHAPTER TWENTY-TWO LEAST DEVELOPED COUNTRIES AND ECONOMICALLY DEPRESSED AREAS

Article 144-Strengi .eriing Capacity for Co-operation 124 Article 145-Development of Infrastructures 125 Article 146-Industrial Development of the Least Developed Countries and Economically Depressed Area 126 Article 147-Agriculture and Agro-Industrial Development of the Least Developed Countries and Economically Depressed Areas 127 Article 148 -Development of Services 127 Article 149-Other Areas of Co-operation 128 Article 150-Special Fund for Co-operation, Compensation and Development 128

CHAPTER TWENTY-THREE DEVELOPMENT OF THE PRIVATE SECTOR

Article 151 -Creation of an Enabling Environment for the Private Sector 128 Article 152 -Strengthening the Private Sector 129 Article 153 -Co-operation Among Chambers of Commerce and Other Business Organisations 130

Act 16 Treaty (Implementation) Act 20\] CHAPTER TWENTY-FOUR WOMEN IN DEVELOPMENT AND BUSINESS Article 154 -Role of Women in Development 1311 Article 155-Role of Women in Business 1321

CHAPTER TWENTY-FIVE HUMAN RESOURCES DEVELOPMENT AND TECHNICAL CO-OPERATION

Article 156-Development and Utilisation of Human Resources 133| Article 157-Technical Co-operation 133|

CHAPTER TWENTY-SIX INVESTMENT PROMOTION AND PROTECTION

Article 158-Scope of Co-operation in Investment Promotion and Protection 134 Article 159-Investment Promotion and Protection 134 Article 160-Information on Investment Incentives and Opportunities 137 Article 161 -Double Taxation Agreements 137 Article 162-Multilateral Investment Agreements 137

CHAPTER TWENTY-SEVEN REGIONAL PEACE AND SECURITY

Article 163 -Scope of Co-operation I37|

CHAPTER TWENTY-EIGHT FREE MOVEMENT OF PERSONS, LABOUR, SERVICES, RIGHT OF ESTABLISHMENT AND RESIDENCE

Article 164-Scope of Co-operation 13

CHAPTER TWENTY-NINE CO-OPERATION IN OTHER FIELDS

Article 165-General Co-operation 138

CHAPTER THIRTY FINANCIAL PROVISIONS Article 166-Budget 139 Article 167-Contributions by Member States 139 Article 168-Common Market Levy and Other Resources 139 Article 169-Accounts of the Secretariat and External Auditors 140 Article 170-Financial Regulations 140 CHAPTER THIRTY-ONE SANCTIONS Article 171-Sanctions 141 Article 172-Continuation of Obligations and Re-admission 142 CHAPTER THIRTY-TWO IMPLEMENTATION AND MONITORING ARRANGEMENTS Article 173-Scope of Co-operation 142 CHAPTER THIRTY-THREE EXISTING INSTITUTIONS AND AGREEMENTS ' Article 174-Continuance in Force of Certain Institutions and Agreements 144 Article 175-Relationship Between the Institutions of the Common Market and the Common Market 145 Article 176-Dissolution of Certain Existing Institutions 145 CHAPTER THIRTY-FOUR ECONOMIC COMMUNITY FOR EASTERN AND SOUTHERN AFRICA Article 177 -Gradual Establishment of an Economic Community for Eastern and Southern Africa 146 CHAPTER THIRTY-FIVE RELATIONS WITH OTHER ORGANISATIONS AND CO-OPERATING PARTNERS

Article 178-Relations with the African Economic Community 146 Article 179-Relations with Other Regional Economic Communities 147 Article 180-Relations with other Intergovernmental Organisations 147

Article 181 -Relations with Co-operating Partners 141 Article 182 -Specialised Agencies 14 Article 183 -Association with Other Countries 14

CHAPTER THIRTY-SIX GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 184-Headquarters of the Common Market Article 185-Official Languages Article 186-Status, Privileges and Immunities Article 187-Transitional Arrangements Article 188 -Dissolution of the Preferential Trade Area Article 189-Transfer of Assets and Liabilities Article 190-Amendment Article 191-Withdrawal 5 Article 192-Termination of Operations Article 193 -Annexes to the Treaty Article 194-Entry into Force, Ratification and Accession Article 195 -Depository

ANNEX I PROTOCOL ON TRANSIT TRADE AND TRANSIT FACILITIES

PREAMBLE 1 THE HIGH CONTRACTING PARTIES 15

Article 1-Interpretation 15 Article 2 -General Provisions 15 Article 3 -Scope of Application 15 Article 4 -Licensing of Carriers 15 Article 5 -Approval of Means of Transport 16 Article 6 -Bonds and Sureties 16 Article 7 -Common Market Transit Document 16 Article 8 -Exemption from Customs Examinations and Charges 16 Article 9 -Transit Procedures 16 Article 10-Obligations of the Member States and Sureties 16 Article 11 -Miscellaneous Provisions 16

APPENDIX I Note for the use of the commonmarket Transit document

APPENDIX II

Regulations relating to technical conditions applicable to means of transport other than porters and pack animals which may be accepted for transport of goods within thecommon market under customs seal

APPENDIX III Certificate of approval of means of transport

APPENDIX IV Certified declaration of examination of contents of means of common market transport front of report form back of report form APPENDIX V Common market transit plates

ANNEX II Protocol on third party motor vehicle insurance scheme PART ONE GENERAL PROVISIONS Article 1-Interpretation 173 Article 2-Objective 174 Article 3 -Structure of the Scheme 175 PART TWO REGULATIONS CONCERNING THE YELLOW CARD Article 4 -Participants in the Scheme 175 Article 5-Obligations of the Participants 175 Article 6 -The Common Market Yellow Card 175 Article 7 -Validity of the Yellow Card 175 PART THREE THE NATIONAL BUREAU Article 8-Designation of the National Bureau 178 Article 9 -Composition of National Bureau 178

Act 16 Treaty (Implementation) Act Article 10-Financing of the National Bureau Article 11 -Withdrawal of Designation Article 12-Functions of the National Bureau Article 13-The National Bureau as the issuing Agency Article 14-The National Bureau as a Handling Agency

PART FOUR THE COUNCIL OF BUREAUX

Article 15-Creation of a Council of Bureaux Article 16-Composition of the Council of Bureaux Article 17-Meetings of the Council of Bureaux Article 18-Functions of the Council of Bureaux

ANNEX III PROTOCOL RELATING TO THE UNIQUE SITUATION OF LESOTHO, NAMIBIA AND SWAZILAND

Article 1-Scope of Exceptions Article 2 -Obligations' of the LNS Countries Article 3-Implementation

Common Market For Eastern And Southern Afi ica PREAMBLE The President of the Republic of Angola; The President of the Republic of Burundi; The President of the Federal Islamic Republic of the Comoros; The President of the Democratic Republic of Congo; The President of the Republic of Djibouti; The President of the State of Eritrea; The President of the Transitional Government of Ethiopia; The President of the Republic of Kenya; His Majesty the King of the Kingdom of Lesotho; The President of the Republic of Madagascar; The Life President of the Republic of Malawi; The Prime Minister of the Republic of Mauritius; The President of the Republic of Mozambique; The President of the Republic of Namibia; The President of the Republic of Rwanda; The President of the Republic of Seychelles; The President of the Somali Democratic Republic; The President of the Republic of Sudan; His Majesty the King of the Kingdom of Swaziland; The President of the United Republic of Tanzania; The President of the Republic of Uganda; The President of the Republic of Zambia; and The President of the Republic of Zimbabwe:

CONSCIOUS of the overriding need to establish a Common Market for Eastern and Southern Africa;

BEARING IN MIND the establishment among their respective States of the Preferential Trade Area for Eastern and Southern African States as a first step towards the creation of a Common Market and eventually of an Economic Community for Eastern and Southern Africa;

RECALLING the provisions of Article 29 of the Treaty for the Establishment of the Preferential Trade Area for Eastern and Southern African States to the effect that steps should be taken to develop the Preferential Trade Area established by that Treaty into a Common Market and eventually into an Economic Community;

Act 16 Treaty (Implementation) Act RECALLING further the decision of the Authority of the Preferential Area for Eastern and Southern African States taken at its Tenth M held in Lusaka, Zambia from 3 0 - 3 1 January, 1992 to transfo Preferential Trade Area for Eastern and Southern African States i Common Market for Eastern and Southern Africa;

INSPIRED by the objectives of the Treaty for the Establishment African Economic Community and in compliance with the provisi Article 28(1) of the said Treaty;

DETERMINED to mark a new stage in the process of economic integ with the establishment of a Common Market for Eastern and So Africa and the consolidation of their economic co- operation throu implementation of common policies and programmes aimed at ach: sustainable growth and development;

RESOLVED to strengthen and achieve convergence of their econ through the attainment of a full market integration;

HAVING REGARD to the principles of international law gov relations between sovereign states, and the principles of li fundamental freedoms and the rule of law; and In view of further steps which have to be taken in order to ad van economic integration of Eastern and Southern Africa;

HEREBY AGREE AS FOLLOWS:

CHAPTER ONE THE COMMON MARKET FOR EASTERN AND SOUTHE AFRICA

Establishment and Membership

among themselves a Common Market for Eastern and Southern herein referred to as the Common Market.

I Common Market For Eastern And Southern Africa #17 Act 16 Treaty (Implementation) Act 2017

hde 2. Membership of the Common Market shall be open to the following Jing Member States of the Preferential Trade Area for Eastern and Southern I the African States: a The Republic of Angola; The Republic of Burundi; Ithe The Federal Islamic Republic of the Comoros; I of The Democratic Republic of Congo; The Republic of Djibouti; The Republic of Egypt; lion The State of Eritrea; ern The Government of Ethiopia; Ithe The Republic of Kenya; ing The Republic of Madagascar; The Republic of Malawi; The Republic of Mauritius; lies The Republic of Namibia; The Republic of Rwanda; The Republic of Seychelles; P"g The Republic of Sudan; The Kingdom of Swaziland; P ' The United Republic of Tanzania; jthe The Republic of Uganda; The Republic of Zambia; and The Republic of Zimbabwe.

the Authority The Republic of Botswana; and

The Republic of South Africa (Post-Apartheid).

not referred to under paragraph 2 or ish 3 of this Article, which is an immediate neighbour of a member State as a ica member State of the Common Market for Eastern and Southern Africa, upon fulfilling such conditions as may be determined by the Authority.

Act 16 Treaty (Implementation) Act CHAPTER TWO INTERPRETATION

Interpretation

In this Treaty unless the context otherwise requires:

"ARSO" means the African Regional Organisation Standardisation;

"African regional standards" means technical standards issu ARSO;

"Authority" means the Authority of the Common Market establ by Article 7 of this Treaty;

"Bureau of the Council" means the Chairman, Vice-Chairmanl Rapporteur elected in accordance with the Rules of Procedd the meetings of the Council;

"business community" means all commercial and indusi organisations or unions of national chambers of commerce industry representing agriculture, tourism, commerce, fins manufacturing, mining and transport, however styled established under the laws of a Member State;

"CGIAR" means the Consultative Group on International Agricul Research; "C.I.F." means Cost Insurance and Freight;

"Clearing House" means the Clearing House established by Arti of the Charter on the Establishment of the Clearing House;

"CMA" means Common Monetary Area of Southern Africa;

"Common Market" means the Common Market for Eastern Southern Africa established by Article 1 of this Treaty;

"common external tariff' means an identical rate of tariff impost goods imported from third countries;

16 Treaty (Implementation) Act 2017 "common carrier" includes a person or an undertaking engaged in the business of providing services for the carriage of goods and passengers for hire or reward and operating as such under the laws of a Member State;

"company or firm" means a company or a firm constituted or registered under the laws of a Member State regulating companies and firms;

"consensus" means general agreement, characterised by the absence of objection to issues secured by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments;

"Consultative Committee" means the Consultative Committee of the business community and other interest groups established by Article 7 of this Treaty;

"co-operation" includes the undertaking by the Member States in common, jointly or in concert of activities undertaken in furtherance of the objectives of the Common Market as provided for under this Treaty or under any contract or agreement made thereunder or in relation to the objectives of the Common Market;

"Council" means the Council of Ministers of the Common Market established by Article 7 of this Treaty;

"countervailing duty" means a specific duty levied for the purposes of offsetting any subsidy bestowed directly or indirectly upon the manufacture, production or export of any product;

"Court" means the Court of Justice of the Common Market established by Article 7 of this Treaty;

"customs clearing agent" means a person, who provides services at a fee, in connection with documentation and customs clearance of import and export of goods consignments;

"customs duties" means import or export duties and other charges equivalent effect levied on goods by reason of their importati or exportation and includes suspended duties and fiscal duties taxes where such duties or taxes affect the importation exportation of goods but does not include internal duties a taxes such as sales, turnover or consumption taxes, impo otherwise than in respect of the importation or exportation goods; "customs offence" means any breach or attempted breach of custo law; "customs law" means all the statutory provisions applied by customs administration on the importation, exportation, transit movement of goods whether or not they involve the collection duties or taxes (or security thereof), on the enforcement prohibitions, restrictions or control or exchange cont regulations or on any other customs regime; "customs territory" means the territory in which the customs law of Member State applies in full; "designated airline" means an airline which has been designated authorized to operate the agreed services by a compet authority of a Member State; "economically depressed area" means any area so designated by Council; "export duties" means customs duties and other charges of equival effect levied on goods by reason of their exportation;

"F.O.B." means Free On Board; "free zone" means a part of the territory of a Member State where goods introduced into that State are considered, in so far import duties are concerned, as being outside its custo territory and are not subject to the usual customs control;

"freight forwarder " means a person engaged at a fee, either as agent for other transport operators or on his own account in management of transport services and related documentation;

"GNP" means Gross National Product; "goods declaration" means a statement made in the form prescribed by the customs administration by which the persons concerned furnish the particulars which the customs administration requires to be declared for purposes of the application of the relevant customs procedure; "goods in transit" means goods being conveyed between two Member States or between a Member State and a third country and passing through another Member State or Member States and, "transit" shall be construed accordingly; "IAEA" means the International Atomic Energy Agency; "import duties" means customs duties and other charges of equivalent effect levied on goods by reason of their importation; "importing State" means a Member State from which goods imported into that State are subsequently re-exported to another Member State; "Intergovernmental Committee" means the Intergovernmental Committee of Experts established by Article 7 of this Treaty; "international standards" means standards that are adopted by international standardising or standards organisations and made available to the public; "least developed country" means any Member State so designated by the Authority; "Member State" means a Member State of the Common Market; "monetary authority" means a Central Bank or any other institution authorised by a Member State to issue currency within its territory;

"most favoured nation treatment" means any advantage, favour, privilege or immunity granted by any Member State to any product originating in or destined for any third country and shall be accorded immediately and unconditionally to the like product originating in or destined for the territories of all other Member States;

"multimodal transport" means the transport of goods and service- from one point to another by two or more modes of transport on the basis of a single contract issued by the person organising such services and while such person assumes responsibility for the execution of the whole operation; "multimodal transport facilities" include items such as heavy lift swinging devices, twin deck cranes, gantry crane, elevators, larg carriers, mechanized storage, low loaders, access facilities, low-j profile straddle carriers, mobile cranes, container gantry cranes, side loaders, heavy duty forklifts, heavy duty tractors, heavy dut trailers, portable ramps, flat wagons (flats) for containers, low tar special user wagons and trucks for containers, pallets and web- slings for pre-slung cargoes for different commodities; "multinational industrial enterprise" means an industrial enterprise registered in two or more Member States and which is owned by a person or persons resident in a Member State;

"national standards bodies" means all national institutions whose mai concern is with standardisation or quality assurance at th national level in the Member States; "national standards" means standards that are adopted by nationa standards bodies and made available to the public; "other charges of equivalent effect" means any tax, surtax, levy o charge imposed on imports and not on like locally produce products and does not include fees and similar charge commensurate with the cost of services rendered; "person" means a natural or legal person;

"Preferential Trade Area" means the Preferential Trade Area fo Eastern and Southern African States (hereinafter referred to a PTA) established by Article 1 of the Treaty for the Establishmen of the Preferential Trade Area for Eastern and Southern Africa States;

"receiving State" means a Member State into which re-export consigned from another Member State are imported for domesti use in that State;

"re-exports" means goods which are imported and kept under bonded warehouse for re-exportation from the importing state to the receiving state;

"region" means the geographical area covered by the Common Market;

"SACU" means the Southern African Customs Union;

"Secretariat" means the Secretariat of the Common Market established by Article 7 of this Treaty;

"Secretary-General" means the Secretary-General of the Common Market provided for by Article 17 of this Treaty;

"services" means services provided for remuneration and are governed by the provisions relating to freedom of movement of goods, capital and persons;

"shipping agent" means a local representative of a shipping company;

"Technical Committee" means any of the technical committees established by Article 7 of this Treaty;

"telecommunications" means any form of transmission, emission or reception signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electro magnetic systems;

"telecommunications administrations" means the government designated organisations and recognised private operating agencies accepted by the Member States and offering telecommunication services;

"temporary admission" means customs procedures under which certain goods brought within a customs territory are exempted from payment of import duties and are free of import prohibition and restrictions on condition that they are, within a specified period re-exported from the Member State into which they were imported;

"third country" means any country other than a Member State;

"trade facilitation" means the co-ordination and rationalization of trade procedures and documents relating to the movement of goods from their place of origin to their destination;

"trade procedures" means activities related to the collection, presentation, processing and dissemination of data and information concerning all activities constituting international trade;

"transport operations" means the provision of services for the carrying of goods and passengers for hire or reward and all matters incidental to or connected therewith;

"Treaty" means the Treaty Establishing the Common Market for Eastern and Southern Africa;

"UNCED" means United Nations Conference on Environment and Development;

"UNEP" means United Nations Environmental Programme;

"UNESCO" means the United Nations Educational, Scientific and Cultural Organisation;

"UNIDO" means the United Nations Industrial Development Organisation;

"unique situation of LNS countries" means the unique situation o Lesotho, Namibia and Swaziland arising from their membership of SACU, and CMA; and

"valid travel document" means a passport or any other valid trave document establishing the identity of the holder, issued by or on behalf of the Member State of which he is a citizen and shall als include laissez passer issued by the Common Market to its officials.

CHAPTER THREE AIMS AND OBJECTIVES

Aims and Objectives of the Common Market

The aims and objectives of the Common Market shall be:

Specific Undertakings

In order to promote the achievement of the aims and objectives of the Common Market as set out in Article 3 of this Treaty and in accordance with the relevant provisions of this Treaty, the Member States shall:

Act 16 Treaty {Implementation) Act 201

and customs co-operation (a) establish a customs union, abolish all non-tariff barriers to traj among themselves; establish a common external tariff; operate in customs procedures and activities;

General Undertakings

the provisions of this Treaty and shall abstain from any measures likel jeopardize the achievement of the aims of the Common Market or implementation of the provisions of this Treaty

to secure the enactment of an continuation of such legislation to give effect to this Treaty and in partic

the Common Market and its staff the privileges and immunities accorded to similar international organisations in their territories and in accordance with the Agreement on Privileges and Immunities.

Fundamental Principles

The Member States, in pursuit of the aims and objectives stated in Article 3 of this Treaty, and in conformity with the Treaty for the Establishment of the African Economic Community signed at Abuja, Nigeria on 3rd June, 1991, agree to adhere to the following principles:

Act 16 Treaty (Implementation) Act (d) non-aggression between the Member States; (e) recognition, promotion and protection of human and pe rights in accordance with the provisions of the African C on Human and Peoples' Rights;

CHAPTER FOUR

ORGANS OF THE COMMON MARKET

Organs of the Common Market

the Council may convene Sectoral Ministerial meetings to consider and take decisions on technical sectoral issues not having budgetary implications.

meetings taken in pursuance of the provisions of paragraph 2 of this Article shall take effect and shall be endorsed at the next meeting of the Council following the sectoral ministerial meeting.

shall perform their functions and act within the limits of the powers conferred upon them by or under this Treaty.

The Authority Composition and Functions

Heads of State or Government of the Member States

Policy Organ of the Common Market and shall be responsible for the general policy and direction and control of the performance of the executive functions of the Common Market and the achievement of its aims and objectives and shall have such other powers as are vested in it under this Treaty.

the provisions of this Treaty, the directions and decisions of the Authority taken or given in pursuance of the provisions of this Treaty, shall as the case may be, be binding on the Member States and on all other organs of the Common Market other than the Court in the exercise of its jurisdiction, and on those to whom they may be addressed to under this Treaty.

the Authority shall be notified to those to whom they are addressed and shall take effect upon the receipt of such notification or on such date as may be specified in the direction or decision.

year and may hold extraordinary meetings at the request of any member of the Authority, provided that such a request is supported by one-third of the members of the Authority.

Act 16 Treaty (Implementation) Act

the provisions of this Treaty, the Authority shall det its own Rules of Procedure.

The Council of Ministers Composition and Functions

Common Market shall consist o Ministers as may be designated by each Member State.

117 Act 16 Treaty (Implementation) Act 2017 line (j) designate economically depressed areas of the Common Market; and (k) exercise such other powers and perform such other functions as are vested in or conferred on it by this Treaty.

the provisions of this Treaty, the regulations, directives and decisions of the Council taken or given in pursuance of the provisions of bch this Treaty shall be binding on the Member States, on all subordinate organs of the Common Market other than the Court in the exercise of its jurisdiction and on those to whom they may under this Treaty, be addressed.

year immediately preceding a meeting per of the Authority. Extraordinary meetings of the Council may be held at the in request of a Member State provided that such a request is supported by at least one-third of the Member States.

Ic y 5. Subject to any directions that the Authority may give and to the nd provisions of this Treaty, the Council shall determine its own Rules of Procedure.

ion 6. The decisions of the Council shall be taken by consensus, failing which by two-thirds majority of the members of the Council. ike

behalf of a Member State to a * ihe proposal submitted for the decision of the Council, the proposal shall, unless such objection is withdrawn, be referred to the Authority for its decision. the Regulations, Directives, Decisions, Recommendations and Opinions of Council

the provisions of this Treaty make regulations, issue directives, take decisions, make recommendations or deliver opinions.

all the Member States in its entirety

each Member State to which it is addressed as to the result to be achieved but not as to the means of achieving I it.

Act 16 Treaty (Implementation) Act

it is addressed

Reasons for Regulations, Decisions and Directives

Regulations, directives and decisions of the Council shall state the re on which they are based and shall refer to any proposals or opinions were required to be obtained pursuant to this Treaty.

Entry into Force of Regulations, Directives and Decisions of t Council

Official Gazette of the Co Market and shall enter into force on the date of their publication or later date as may be specified in the Regulations.

to those to whom they addressed and shall take effect upon the receipt of such notification such date as may be specified in the directives or decisions.

The Committee of Governors of Central Banks Composition a Functions

governors of the monetary authorities designated for that purpose by Member States.

the Council, the Committee of Governors of Central Banks shall meet once a year and shall, subject to this Treaty, determine its own Rules of Procedure.

Intergovernmental Committee Composition and Functions

such Permanent or Principal Secretaries as may be designated by each Member State.

the Council, tl Intergovernmental Committee shall meet once a year and shall, subject I this Treaty, determine its own Rules of Procedure.

Technical Committees Composition and Functions

following:

0) the Committee on Tourism and Wildlife;

of representatives of the Member States designated for that purpose

Technical Committees as may be necessary for the attainment of the objectives of this Treaty

often as necessary for the proper discharge of their functions and shall determine their own Rules of Procedure.

Functions of the Technical Committees Each Technical Committee shall: (a) be responsible for the preparation of a comprehensive implementation programme and a time-table prioritising the programmes with respect to its sector;

a Secretary-General of the Common Market who shall be appointed by the Authority to serve in such office for a term of five years and shall be eligible for reappointment for a further term of five years.

executive officer of the Common Market and shall represent the Common Market in the exercise of its legal personality.

the Secretary-General, two Assistant Secretaries-General who shall be appointed by the Authority, and such other staff of the Secretariat as the Council may determine.

the Secretary-General and the Assistant Secretaries-General shall be determined by the Authority. The terms and conditions of service of the other staff of the Secretariat shall be determined by the Council.

the Secretariat, regard shall be had subject to the paramount importance of securing the highest standards of integrity, efficiency and technical competence, to the desirability of maintaining the principle of equal opportunities and an equitable distribution of appointments to such offices among citizens of all the Member States.

the Secretary-General and Assistant Secretaries-General and the staff of the Secretariat shall not seek or receive instructions from any Member State or from any other authority external to the Common Market. They shall refrain from any actions which may adversely reflect on their position as international officials and shall be responsible only to the Common Market.

the international character of the responsibilities of the Secretary-General, Assistant Secretaries-General and the other staff of the Secretariat and shall not seek to unduly influence them in the discharge of their responsibilities.

(0 ensure that the objectives set out in this Treaty are attained and shall, either on his own initiative or on the basis of a complaint, investigate a presumed breach of the provisions of this Treaty and report to the Council in accordance with an investigative procedure to be determined by the Council;

the Secretary General in the performance of his functions set out in paragraph 8 of this Article and agree in particular to provide any information which may be requested under sub-paragraph (k) of paragraph 8 of this Article.

the Council may determine Consultative Committee of the Business Community and Other Interest Groups - Composition and Functions

such representatives, of the business community and other interest groups from the Member States as the Consultative Committee shall determine. The representatives may be accompanied by such experts and advisors as the Consultative Committee may deem necessary for its effective functioning.

of this Article, the composition of the Consultative Committee shall be determined at a first meeting which shall be convened by the Secretary-General for that purpose.

link and facilitate dialogue between the business community and other interest groups and other organs of the Common Market. The Consultative Committee shall: (a) be responsible for ensuring that the interests of the business community and other interest groups in the Common Market are taken into consideration by the organs of the Common Market; (b) be responsible for monitoring the implementation of the provisions of Chapters Twenty Three and Twenty Four of this Treaty and make recommendations to the Intergovernmental Committee; (c) consult and receive reports from other interest groups; and (d) take part in the meetings of the Technical Committees and may make recommendations to the Intergovernmental Committee.

often as necessary for the proper discharge of its functions and shall determine its own Rules of Procedure.

Act 16 Treat}' (Implementation) Act 2017 CHAPTER FIVE THE COURT OF JUSTICE

Establishment of the Court

The Court of Justice established under Article 7 of this Treaty shall ensure the adherence to law in the interpretation and application of this Treaty. Composition of the Court

the Court shall be composed of seven Judges who shall be appointed by the Authority and one of whom shall be appointed by the Authority as the President of the Court.

the Court shall be chosen from among persons of impartiality and independence who fulfill the conditions required for the holding of high judicial office in their respective countries of domicile or who are jurists of recognised competence:

Provided that no two or more Judges shall at any time be Nationals of the same Member State.

the provisions of paragraph 1 of this Article, the Authority may, upon the request of the Court, appoint additional Judges Tenure of Office and Resignation

office for a period of five years and shall be eligible for re-appointment for a further period of five years.

hold office throughout the term of their respective appointments unless they resign or die or are removed from office in accordance with the provisions of this Treaty.

a Judge comes to an end by effluxion of time or on resignation before a decision or opinion of the Court with respect to a matter which has been argued before the Court of which he was a member is delivered, such Judge shall, only for the purpose of completing that particular matter, continue to sit as a Judge.

resign his office by giving one year's written notice to the Chairman of the Authority, but his resignation shall not take effect until his successor has been appointed by the Authority and has taken office.

resign his office by letter delivered to the President for transmission to the Chairman of the Authority, and his resignation shall take effect on the date it has been accepted by the Authority. Removal from Office and Temporary Membership of the Court

not be removed from office except by the Authority for stated misbehaviour or for inability to perform the functions of his office due to infirmity of mind or body or due to any other specified cause.

the Authority to replace the President or another Judge before the term of office of the President or a Judge expires, the Judge so appointed shall serve in that office for the remainder of the term of the replaced President or Judge.

or otherwise unable to carry out his functions, the Authority shall, if such absence or inability to act appears to the Authority to be likely to be of such duration as to cause a significant delay in the work of the Court, appoint a temporary Judge to act in place of the said Judge.

the Court he shall immediately report the nature of his interest to the President, and, if in his opinion the President considers the Judge's interest in the case prejudicial, he shall make a report to the Authority, and the Authority shall appoint a temporary Judge to act for that case only in place of the interested Judge.

the President is directly or indirectly interested in a case before the Court he shall, if he considers that the nature of his interest is such that it would be prejudicial for him to take part in that case, make a report to the Authority and the Authority shall appoint a temporary President, chosen in the same manner as the substantive President, to act as President for that case only in place of the substantive President.

General Jurisdiction of the Court The Court shall have jurisdiction to adjudicate upon all matters which may be referred to it pursuant to this Treaty. Reference by Member States

another Member State or the Council has failed to fulfill an obligation under this Treaty or has infringed a provision of this Treaty, may refer the matter to the Court.

the Court, the legality of any act, regulation, directive or decision of the Council on the grounds that such act, regulation, directive or decision is ultra vires or unlawful or an infringement of the provisions of this Treaty or any rule of law relating to its application or amounts to a misuse or abuse of power. Reference by the Secretary-General

the Secretary-General considers that a Member State has failed to fulfill an obligation under this Treaty or has infringed a provision of this Treaty, he shall submit his findings to the Member State concerned to enable that Member State to submit its observations on the findings.

not submit its observations to the Secretary-General within two months, or if the observations submitted are unsatisfactory, the Secretary-General shall refer the matter to the Bureau of the Council which shall decide whether the matter shall be referred by the Secretary-General to the Court immediately or be referred to the Council.

the Council under the provisions I of paragraph 2 of this Article and the Council fails to resolve the matter, the Council shall direct the Secretary-General to refer the matter to the Court. Reference by Legal and Natural Persons Any person who is resident in a Member State may refer for determination by the Court the legality of any act, regulation, directive, or decision of the Council or of a Member State on the grounds that such act, directive, decision or regulation is unlawful or an infringement of the provisions of this Treaty:

Provided that where the matter for determination relates to any act, regulation, directive or decision by a Member State, such person shall not refer the matter for determination under this Article unless he has first exhausted local remedies in the national courts or tribunals of the Member State.

Jurisdiction Over Claims by Common Market Employees and Third Parties Against the Common Market or its Institutions

hear disputes between the Common Market and its employees that arise out of the application and interpretation of the Staff Rules and Regulations of the Secretariat or the terms and conditions of employment of the employees of the Common Market.

any person against the Common Market or its institutions for acts of their servants or employees in the performance of their duties.

Jurisdiction under Arbitration Clauses and Special Agreements

The Court shall have jurisdiction to hear and determine any matter: (a) arising from an arbitration clause contained in a contract which confers such jurisdiction to which the Common Market or any of its institutions is a party; and (b) arising from a dispute between the Member States regarding this Treaty if the dispute is submitted to it under a special agreement between the Member States concerned. Jurisdiction of National Courts

where the jurisdiction is conferred on the Court by or under this Treaty, disputes to which the Common Market is a party shall not on that ground alone, be excluded from the jurisdiction of national courts.

the Court on the interpretation of the provisions of this Treaty shall have precedence over decisions of national courts.

National Courts and Preliminary Rulings

any court or tribunal of a Member State concerning the application or interpretation of this Treaty or the validity of the regulations, directives and decisions of the Common Market, such court or tribunal shall, if it considers that a ruling on the question is necessary to enable it to give judgment, request the Court to give a preliminary ruling thereon.

to in paragraph 1 of this Article is raised in a case pending before a court or tribunal of a Member State against whose judgment there is no judicial remedy under the national law of that Member State, that court or tribunal shall refer the matter to the Court. Judgment of the Court

pursuant to this Treaty in accordance with the Rules of Court, and shall deliver in public session a reasoned judgment which, subject to the provisions of the said Rules as to review, shall be final and conclusive and not open to appeal Provided that, if the Court considers that in the special circumstances of the case it is undesirable that its judgment be delivered in open Court, the Court may make an order to that effect and deliver its judgment before the parties privately.

only in respect of every reference to it, which shall be the judgment of the Court reached in private by majority verdict.

the Court only if it is based upon the discovery of some fact which by its nature might have had a decisive influence on the judgment if it had been known to the Court at the time the judgment was given, but which fact, at that time, was unknown to both the Court and the party making the application, and which could not, with reasonable diligence, have been discovered by that party before the judgment was made, or on account of some mistake or error on the face of the record.

Advisory Opinions of the Court

the Council or a Member State may request the Court to give an advisory opinion regarding questions of law arising from the provisions of this Treaty affecting the Common Market, and the Member States shall in the case of every such request have the right to be represented and take part in the proceedings.

under paragraph 1 of this Article shall be made in writing and shall contain an exact statement of the question upon which an opinion is required and shall be accompanied by all relevant documents likely to be of assistance to the Court.

under paragraph 1 of this Article, the Registrar shall forthwith give notice thereof, to all the Member States, and shall notify them that the Court shall be prepared to accept, within a time fixed by the President, written submissions, or to hear oral submissions relating to the question.

the Court shall be governed by the provisions of this Treaty and the Rules of Court relating to references of disputes to the extent that the Court considers appropriate. Representation before the Court

Every party to a reference before the Court shall be represented by Counsel appointed by that party. Acceptance of Court Judgments

application of this Treaty or any of the matters referred to the Court pursuant to this Chapter shall not be subjected to any method of settlement other than those provided for in this Treaty.

the Council or the Court, the Member States shall refrain from any action which might be detrimental to the resolution of the dispute or might aggravate the dispute.

the Council shall take, without delay, the measures required to implement a judgment of the Court.

it shall consider necessary to be imposed against a party who defaults in implementing the decisions of the Court. Interim Orders The Court may, in any case referred to it, make any interim order or issue any directions which it considers necessary or desirable. Interim orders and other directions issued by the Court shall have the same effect ad interim as decisions of the Court. Intervention A Member State, the Secretary-General or a resident of a Member State who is not a party to a case before the Court may with leave of the Court, intervene in that case, but the submissions of the intervening party shall be limited to evidence supporting or opposing the arguments of a party to the case.

Proceedings

the Court shall be either written or oral

the President and shall be kept and maintained by the Registrar.

Rules of Court

The Court shall make Rules of Court which shall, subject to the provisions of this Treaty, regulate the detailed conduct of business of the Court.

Immunity of the President and Judges The President and the Judges shall be immune from legal action for any act or omission committed in the discharge of their functions under this Treaty.

Act 16 Treaty (Implementation) Act 2017 I Execution of Judgment

The execution of a judgment of the Court which imposes a pecuniary | obligation on a person shall be governed by the rules of civil procedure in | force in the Member State in which execution is to take place. The order for ! execution shall be appended to the judgment of the Court which shall I require only the verification of the authenticity of the judgment by the ! Registrar whereupon, the party in whose favour execution is to take place, ; may proceed to execution in accordance with the rules of civil procedure in [ force in that Member State.

Registrar and Other Staff

from among nationals of the I Member States qualified to hold high judicial office in their respective States.

staff as may be required to enable it to perform its functions and who shall hold office in the service of the Court.

the Registrar and other staff shall, subject to this Treaty, be determined by the Council on the recommendation of the Court.

the President, the Registrar shall be responsible for the day to day administration of the business of the Court. The Registrar shall also carry out the duties imposed upon him by this Treaty and the Rules of Court. Budget

the Court shall be the formula applicable to the determination of contributions by the Member States to the budget of the Secretariat.

the Court to the Council for approval, through the Intergovernmental Committee.

contributions by the Member States to the budget of the Court. Official Languages of the Court The official languages of the Court shall be English, French and Portuguese. Seat of the Court The Seat of the Court shall be determined by the Authority. CHAPTER SIX CO-OPERATION IN TRADE LIBERALISATION AND DEVELOPMENT

Scope of Co-operation in TVade Liberalisation and Development

There shall be progressively established in the course of a transitional period of ten years from the entry into force of this Treaty, a Customs Union among the Member States. Within the Customs Union, customs duties and other charges of equivalent effect imposed on imports shall be eliminated. Non-tariff barriers including quantitative or like restrictions or prohibitions and administrative obstacles to trade among the Member States shall also be removed. Furthermore, a common external tariff in respect of all goods imported into the Member States from third countries shall be established and maintained.

Customs Duties

ultimately eliminate by the year 2000, in accordance with the programme adopted by the PTA Authority, customs duties and other charges of equivalent effect imposed on or in connection with the importation of goods which are eligible for Common Market tariff treatment.

the provisions of paragraph 1 of this Article, where by virtue of obligations under an existing contract entered into by a Member State and such a Member State is unable to comply with the provisions of this Article, the Member State shall, upon the entry into force of this Treaty, notify the Council of this fact. The Member State shall, however, not renew or extend such contract at its expiry.

1 of this Article, the Member States shall not impose any new duties and taxes or increase existing ones in respect of products traded within the Common Market and shall transmit to the Secretariat all information on import duties for study by the relevant institutions of the Common Market.

Council, decide that any import duties shall be reduced more rapidly or eliminated earlier than is scheduled in paragraph 1 of this Article.

Common External Tariff

The Member States agree to the gradual establishment of a common external tariff in respect of all goods imported into the Member States from third countries within a period of ten years from the entry into force of this Treaty and in accordance with a schedule to be adopted by the Council.

Rules of Origin

if they originate in the Member States

the Member States shall be a provided for in a Protocol on the Rules of Origin to be concluded by th Member States. \

to time, examin the rules referred to in paragraph 2 of this Article and propose amendment thereto to the Council.

Elimination of Non-tariff Barriers on Common Market Goods

or permitted by this Treaty, each of the Member States undertakes to remove immediately upon the entry into force of this Treaty, all the then existing non- tariff barriers to the import into that Member State of goods originating in the other Member States and thereafter refrain from imposing any further restrictions or prohibitions.

infant industry, a Member State may provided that it has taken all reasonable steps to overcome the difficulties related to such infant industry, impose for the purposes only of protecting such industry for a specified period to be determined by Council, quantitative or like restrictions or prohibitions on similar goods originating from the other Member States:

Provided that the measures are applied on a non-discriminatory basis and that the Member State shall furnish to Council proof that it has taken all reasonable steps to overcome the difficulties faced by such an infant industry.

determining that an industry is an infant industry.

review the operation of any quantitative or like restriction or prohibitions imposed under the provisions of paragraph 2 of this Article and deliver an opinion to the Member State concerned and report the matter to the Council with its recommendations.

the provisions of paragraph 1 of this Article, if a Member State encounters balance-of-payments difficulties arising from the application of the provisions of this Chapter, that Member State may, provided that it has taken all reasonable steps to overcome the difficulties, impose for the purpose only of overcoming such difficulties for a specified period to be determined-by the Council, quantitative or the like restrictions or prohibitions, on goods originating from the other Member States.

Security and Other Restrictions to Trade

the Secretary General of its intention to do so, introduce or continue or execute I restrictions or prohibitions affecting: (a) the application of security laws and regulations;

exercise the right to introduce or continue to execute the restrictions or prohibitions conferred by this Article as to stultify the free movement of goods envisaged in this Chapter.

accordance with paragraph 1 of this Article shall not extend for more than is necessary to achieve security aims and other risks intended to be eliminated and shall be applied on the basis of non-discrimination.

Dumping

by which products of a Member State are introduced into the commerce of another Member State at less than the normal value of the products, is to be prohibited if it causes or threatens material injury to an established industry in the territory of the other Member State or materially retards the establishment of a domestic industry.

a product is to be considered as being introduced into the commerce of an importing Member State at less than its normal value, if the price of the product exported from one Member State to another: (a) is less than the comparable price in the ordinary course of trade, for the like product when destined for consumption in the exporting Member State; or (b) in the absence of such domestic prices, is less than either: (i) the highest comparable price forthe like product for export to any third country in the ordinary course of trade; or (ii) the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit:

Provided that due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation and for other differences affecting price comparability.

for the purposes of offsetting or preventing dumping, and subject to the provision of paragraph 4 of this Article, levy on any dumped product an anti-dumping duty not greater in amount than the margin of dumping in respect of such product. For the purposes of this Article, the margin of dumping is the price difference determined in accordance with the provisions of paragraph 2 (b) (ii) of this Article.

on the importation of any product of another Member State unless it is determined that the effect of the alleged dumping is such as to cause or threaten material injury to an established domestic industry or such as to retard materially the establishment of a dpmestic industry.

a Member State shall be prohibited and any affected Member State may, pursuant to the provisions of paragraph 3 of this Article, levy an anti-dumping duty on any dumped products.

pursuant to the provisions of this Article shall be carried out in accordance with anti-dumping regulations made by the Council.

Subsidies Granted by Member States

in this Treaty, any subsidy granted by a Member State or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between the Member States, be incompatible with the Common Market.

for the purposes of offsetting the effects of subsidies and subject to regulations made by the Council, levy countervailing duty on any product of any Member State imported into another Member State equal to the amount of the estimated subsidy determined to have been granted directly or indirectly, on the manufacture, production or export of such product in the country of origin or exportation.

in this Treaty, any subsidy granted by a third country or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between the Member States and the third country, be incompatible with the Common Market.

for the purposes of offsetting the effects of subsidies and subject to regulations made by the Council, levy a countervailing duty on any product of any third country imported into another Member State equal to the amount of the estimated subsidy determined to have been granted directly or indirectly, on the manufacture, production or export of such product in the country of origin or exportation Exceptions t'o Levying of Countervailing Duty

No Member State shall levy a countervailing duty on the importation of any product of the territory of another Member State unless it determines that the effect of the subsidisation is such as to cause or threaten material injury to an established domestic industry or is such as to materially retard the establishment of a domestic industry.

Co-operation in the Investigation of Dumping and Subsidies

investigation of dumping and subsidy practices and in imposing agreed measures to curb such practises.

there is evidence of dumping or export of subsidised goods by a third country to the territory of a Member State that threatens or distorts competition in the Common Market, the affected Member States may request the Member State in whose territory the goods are being dumped or exported to impose anti-dumping duties or countervailing duties on those goods from the third country.

Competition

the Member States agree to prohibit any agreement between undertakings or concerted practice which has as its objective or effect the prevention, restriction or distortion of competition within the Common Market

the provisions of paragraph 1 of this Article inapplicable in the case of:

Provided that the agreement, decision or practice does not impose on the undertaking restrictions inconsistent with the attainment of the objectives of this Treaty or has the effect of eliminating competition.

regulate competition within the Member States Most Favoured Nation Treatment

one another the most favoured nation treatment.

in this Treaty shall prevent a Member State from maintaining or entering into new preferential agreements with third countries provided such agreements do not impede or frustrate the objectives of this Treaty and that any advantage, concession, privilege and favour granted to a third country under such agreements are extended to the Member States on a reciprocal basis.

in this Treaty shall prevent two or more Member States from entering into new preferential agreements among themselves which aim at achieving the objectives of the Common Market, provided that any preferential treatment accorded under such agreements is extended to the other Member States on a reciprocal and non-discriminatory basis.

pursuant to paragraph 2 of this Article shall be transmitted to the Secretary-General by the Member States parties to them. National Treatment

The Member States shall refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Member States.

Customs Administration

The Member States shall apply the provisions of Chapter Nine of this Treaty in order to simplify, harmonize and standardize their customs regulations, procedures and documents to ensure the effective application of the provisions of this Chapter and to reduce the costs of and facilitate the speedy movement of goods and services across their frontiers.

Drawback The Member States may, at the end of the ten years specified in Article 45 of this Treaty, refuse to accept as eligible for Common Market tariff treatment goods in relation to which drawback is claimed or made use of in connection with their exportation from the Member States in the territory of which the goods have undergone the last process of production. Remedy for Loss of Revenue

on the recommendation of the Intergovernmental Committee, determine what remedial steps shall be taken with respect to a Member State which has suffered substantial loss of revenue from import duties as a result of the application of this Chapter

of this Article, the Member States shall conclude a Protocol which shall, inter-alia, determine the machinery and formula to be used in carrying out the remedial steps with respect to a Member State which has suffered substantial loss of revenue from import duties as a result of the application of this Chapter Safeguard Clause

the provisions of this Chapter, the Member State concerned shall, after informing the Secretary-General and the other Member States, take necessary safeguard measures

the provisions of paragraph 1 of this Article, shall remain in force for a period of one year and may be extended by the decision of the Council provided that the Member State concerned shall furnish to the Council proof that it has taken the necessary and reasonable steps to overcome or correct imbalances for which safeguard measures are being applied and that the measures applied are on the basis of non-discrimination.

and effect of the application of existing safeguard measures and take a decision thereon.

Act 16 Treaty (Implementation) Act 20] TYade Promotion

The Member States shall adopt measures designed to promote trade withH the Common Market. In this regard, Member States shall: (a) ensure the development and dissemination of market in te llig e n t and trade information with a view to providing the wideH possible knowledge-base of intra-Common Market tra<fl opportunities and encourage the development of exports a n l markets to meet the public and private procurement needs; (b) actively encourage the undertaking of supply and deman I surveys, the organisation of buyers and sellers meetings an I other multi-country contact promotion events in order to furthe I identify and exploit the potential of intra-Common Market trade I

CHAPTER SEVEN

COMMON MARKET CUSTOMS CO-OPERATION

Scope of Customs Co-operation

apply to any activity being undertaken in co-operation among the Member States in the field of customs management and the organization of customs and shall include in particular: (a) matters concerning the application of Common Market tariff treatment for their exports and imports; (b) the simplification and harmonization of trade documents, customs regulations and procedures with particular reference to such matters as the valuation of goods, tariff classification, temporary admission, warehousing, re-exports, frontier trade and export drawback;

this Article shall not affect t gradual establishment of a common external tariff in respect of goo imported into the Member States from third countries.

Common Market Tariff Treatment

in the implementation the provisions of this Treaty concerning the treatment of goods eligible f Common Market tariff treatment and more particularly those relating to: (a) the evolution of uniform national customs legislation an procedures; (b) the reduction and eventual elimination of import duties and non tariff barriers on trade among themselves; (c) the establishment of a common external tariff; and (d) any other aspect of customs law and practice concerning Common Market tariff treatment.

of this Article, the Member States undertake where they have not already done so, to:

statistical nomenclature and standardize their foreign trade statistics to ensure comparability and reliability of the relevant information.

Communication of Customs Information

The Member States shall exchange information on matters relating to customs and more particularly to the following: (a) changes in customs legislation, procedures, duties and commodities subject to import or export restrictions; and (b) information relating to the prevention, investigation and suppression of customs offences as provided for in Article 66 of this Treaty.

Prevention, Investigation and Suppression of Customs Offences

investigation and suppression of customs offences.

of this Article, the Member States undertake to: (a) exchange lists of goods and publications the importation of which is prohibited in their respective territories; (b) prohibit the exportation of goods and publications referred to in sub-paragraph (a) of this paragraph to each other's customs territories;

requested by another Member State, to: (a) make enquiries, record statements and obtain evidence concerning a customs offence under investigation in the requesting Member State and transmit the results of the enquiry as well as any documents or other evidence, to the requesting Member State; and (b) notify the competent authorities of the requesting Member State of actions and decisions taken by the competent authorities of the Member State where the customs offence took place in accordance with the law in force in that Member State.

CHAPTER EIGHT RE-EXPORTATION OF GOODS

General Provisions

bound for a receiving State shall be exempted from the payment of import or export duties in the importing State:

Provided that this paragraph shall not preclude the levying of normal administrative and service charges applicable to the import or export of similar goods in accordance with their customs laws and regulations.

the provisions of paragraph 2 of this Article, the Member States agree that re-exported goods which qualify as originating in a Member State under the provisions of this Treaty shall be treated as if they were directly imported by the receiving State from the Member State where they originate. Such goods shall be accorded appropriate Common Market tariff treatment: Provided that the re-exporter thereof produces documentary evidence certified by the authorities designated for that purpose, to the effect that the goods originated in the Member State from which they were originally imported.

the re-export of goods within the Common Market in accordance with the provisions of the Protocol on Transit Trade and Transit Facilities.

Refund and Remission of Duties and Taxes

been charged and collected by the importing State, that State shall refund all such duties less import subsidies, if any, to the re-exporter of those goods in its territory when the goods are re-exported to another Member State in an unused condition: Provided that the re-export is made within twelve months from the date on which the goods are received in the importing State.

with suspended customs duties for warehousing, transit or trans-shipment under customs bond without payment of customs duties, no import or export duties shall be charged in respect of such goods when they are subsequently re-exported by the importing State.

the provisions of paragraphs 1 and 2 of this Article and of Article 59 of this Treaty, the importing State shall, in accordance with its customs laws and regulations be free to withhold or charge part of the duties collected or collectable where the goods have been re-packed, assembled, preserved, blended or otherwise processed in the importing State: Provided that no duties shall be refunded where the processed goods qualify as originating in the importing State under the provisions of this Treaty.

CHAPTER NINE

SIMPLIFICATION AND HARMONISATION OF TRADE DOCUMENTS AND PROCEDURES Trade Documents and Procedures

The Member States agree to simplify and harmonize their trade documents and procedures in accordance with the provisions of this Chapter so as to facilitate trade in goods and services within the Common Market by: (a) reducing to a minimum the number of trade documents and copies thereof; (b) reducing to a minimum the number of national bodies required to handle documents referred to in sub-paragraph (a) of this paragraph; and

Trade Facilitation

The Member States undertake to initiate trade facilitation programmes aimed at:

Standardisation of Trade Documents and Information

where appropriate, to design and standardise their trade documents and the information required to be contained in such documents in accordance with internationally accepted standards, practices and guidelines, and taking into account their possible use in computer and other automatic data programming systems.

customs regulations, documents and procedures and their computerisation will be facilitated by the regional Automated System for Customs Data Centre at the Headquarters of the Common Market.

the provisions of this Chapter, the Member States agree to establish national trade facilitation bodies CHAPTER TEN

MONETARY AND FINANCIAL CO-OPERATION

Scope of Co-operation

The Member States undertake to co-operate in monetary and financial matters in accordance with the approved PTA monetary harmonisation programme in order to establish monetary stability within the Common Market aimed at facilitating economic integration efforts and the attainment of sustainable economic development of the Common Market by:

Settlement of Payments

For the purposes of sub-paragraph (a) of Article 72 of this Treaty, the Member States undertake, until a common central bank is established, to settle all payments in respect of all transactions in goods and services conducted within the Common Market through the Clearing House.

Unit of Account

account of the Common Market to be known as the Eastern and Southern Africa Currency Unit (ESACU) whose value shall be equal to one Special Drawing Right (SDR) of the International Monetary Fund or any other unit of account that may be determined by the Council from time to time on the recommendation of the Committee of Governors of Central Banks.

the Clearing House the official exchange rate of its currency against its intervention currency or reference currency as the case may be.

rate of the currency of a Member State shall be notified immediately by the monetary authority to the Clearing House.

instruments issued by the Common Market shall be denominated in the unit of account of the Common Market.

Establishment of a Payments Union

States.

would be required to be implemented in order to establish the Payments Union. For this purpose, the Member States agree to set up a reserve fund for the provision of assistance to the Member States which may experience difficulties regarding the settlement of their net debit balances in the Clearing House and general balance of payments.

Monetary and Fiscal Policy Harmonisation

collective policy measures in accordance with the monetary harmonisation programme which is designed to achieve a harmonised monetary and fiscal system in the Common Market.

of this Article, the Member States agree to: (a) remove all exchange restrictions on imports and exports within the Common Market; (b) make necessary adjustments in their exchange rates towards free market rates in order to improve their balance of payments positions and enhance the level of their international reserves; (c) adjust their fiscal policies and domestic credit to the government and private sector designed to ensure monetary stability and the achievement of sustained economic growth; (d) liberalise their financial sectors by freeing and deregulating interest rates or their equivalent with a view to achieving positive real interest rates or their equivalent in order to promote savings for investment and to enhance competition and efficiency in the financial system; and (e) harmonise their tax policies with a view to removing tax distortions affecting commodity and factor movements in order to bring about a more efficient allocation of resources within the Common Market. Establishment of Currency Convertibility

at a time to be determined by the Council, currency convertibility which shall make their currencies convertible into one another.

of this Article, the Member States shall abolish all restrictions on current transactions.

Formation of an Exchange Rate Union

at a time to be determined by the Council, an Exchange Rate Union.

immutable fixing of the exchange rates of their currencies within a band to be prescribed by the Council.

Regional Macro-economic Co-ordination

their macro-economic policies and economic reform programmes with a view to promoting the economic and social balance of the Common Market and to develop a framework for macro-economic planning and programming.

policies designed to improve the resource and production base of the economically weaker Member States in order to achieve balanced development within the Common Market.

Banking and Capital Market Development

The Member States undertake to implement a region-wide capital market development programme to be determined by the Council and shall create a conducive environment for the movement of capital. To this end Member States shall: (a) take steps to achieve wider monetarization of the region's economies under a liberalised market economy; (b) establish national stock exchanges and an association of national stock exchanges to enable objectives to be pursued in a concerted and coordinated manner including promotional activities, training, standardisation and harmonisation of operational rules and regulations; (c) establish a Common Market rating system of listed companies ' and an index of trading performance to facilitate the negotiation and sale of shares within the Common Market and also external to the Common Market; (d) develop a region-wide network of national capital markets, with the purpose of facilitating the flow of information on national stock exchanges and their functioning, listed companies, availability of stocks, bonds, securities, treasury bills, notes, and other monetary instruments for the cross-border marketing of such instruments; and

in financing projects jointly in each other's territory, especially those that facilitate regional integration.

in the mobilisation of foreign capital for the financing of national and regional projects. Safeguard Measures The Council may approve measures designed to remedy any adverse effects a Member State may experience by reason of the implementation of the provisions of this Chapter, provided that such a Member State shall furnish to the Council, proof that it has taken all reasonable steps to overcome the difficulties, and that such measures are applied on a non-discriminatory basis.

CHAPTER ELEVEN

CO OPERATION IN THE DEVELOPMENT OF TRANSPORT AND COMMUNICATIONS

Common Transport and Communication Policies

The Member States undertake to evolve coordinated and complementary transport and communications policies, to improve and expand the existing links and establish new ones as a means of furthering the physical cohesion of the Member States, so as to facilitate movement of inter- State traffic and to promote greater movement of persons, goods and services within the Common Market. To this end the Member States shall take all necessary steps to:

Roads and Road Transport

The Member States shall:

Railways and Rail Transport

establishment of an efficient and coordinated railway services which would interlink Member States within the Common Market, the connection of different railway gauges and the construction of required additional railway links.

railways are operated shall, in particular: (a) adopt common policies for the development of railways and railway transport in the Common Market; (b) undertake to make their railways more efficient and competitive through, inter-alia, autonomous management;

Air Transport

of better and efficient air transport the Member States shall promote the establishment of joint ventures for co operation in the use of equipment, in the pooling of aircraft maintenance and training facilities, in the acquisition and use of fuel and spare parts, in insurance schemes, in the co-ordination of flight schedules and the improvement of managerial techniques and skills.

establishment of joint air services operations by their designated airlines onl intercontinental routes an

(0 co-ordinate the flight schedules of their designated airlines;

Maritime Transport and Ports

The Member States shall: (a) promote the co-ordination and harmonization of their maritime transport policies and the eventual establishment of a common maritime transport policy; (b) promote the development of efficient and profitable sea port services; (c) make rational use of existing port installations;

(0 establish a harmonious traffic organisation system for the optimal use of maritime transport services;

Inland Waterway Transport

The Member States which have common navigable inland waterways!

Is (a) adopt, harmonize and simplify rules, regulations and S, administrative procedures governing their inter-State inland waterway transport; lie (b) install and maintain efficient cargo handling equipment, cargo storage facilities and general operations and train related manpower resources; (c) use, where feasible, joint maintenance facilities; 5° (d) harmonise tariffs structure for their inter-State inland waterway ed transport; (e) adopt common rules to govern the packaging, marking, loading led and other procedures for their inter-State inland waterway transport; the (f) agree to charge the same tariffs structure in respect of goods from their territories and goods from other Member States except ms where their goods enjoy domestic transport subsidies, and apply the same rules and regulations in respect of inland waterway transport among themselves without discrimination; |fy ton (g) agree to provide space without discrimination on board vessels registered in their territories for goods consigned to and from the territories of other Member States; ah (h) wherever possible, promote co-operation among themselves by undertaking joint ventures in inland waterway transport including the establishment of joint shipping services; and ■icy j to (i) coordinate measures with respect to, and cooperate in the maintenance of, safety in inland water transport services including the provision and maintenance of the right I jt^ communication equipment to receive distress position promptly.

Pipeline Transport

the development of pipeline transport and in the utilisation of existing pipeline facilities.

the Member States sh co-operate in all aspects of planning, financing, execution, management a| maintenance of pipeline services and facilities. Multimodal Transport The Member States shall: (a) harmonize and simplify regulations, goods classificati procedures and documents required for their multimodal in State transport; (b) apply uniform rules and regulations with respect to packaging, marking and loading of goods; (c) provide, where feasible, technical and other facilities for di trans-shipment of goods at main trans-shipment points, inclu intermodal cargo exchange points, inland clearance depots, ports or inland container depots; (d) agree to allocate multimodal transport facilities for g consigned to or from the territories of other Member States; (e) take measures to ratify or accede to international Convention Multimodal Transport and containerisation and take such s as necessary to implement them.

Freight Booking Centres

booking centres where t are economically justified.

all their respective nati enterprises or agencies, the contracting of exports or imports handle them on c.i.f. and f.o.b. basis respectively.

Freight Forwarders, Customs Clearing Agents and Shipping Age

any person to register, and be lice as a freight forwarder, customs clearing agent and shipping agent, prov that, that person fulfills the legal requirements of that Member State.

to restrict the commercial activities, rights and obligations of a lawfully registered and licensed freight forwarder or clearing agent Meteorological Services

disseminate to the other Member States meteorological information in order to facilitate the efficient operation of air navigation, coastal shipping, inland water transport and the issuing of cyclone warnings and other adverse weather phenomena. To this end, the Member States agree to establish a Regional Meteorological Centre

on the planet

and expertise concerning new developments in meteorological science and technology including the calibration and comparison of instruments Postal Services

The Member States shall, in collaboration with the relevant international organisations including Universal Postal Union and Pan-African Postal Union, promote close co-operation between their postal administrations and devise ways and means to achieve fast, reliable, economic and efficient postal services among themselves, through the strengthening of Common Market postal sorting, routing, transit and distribution centres. Telecommunications

The Member States shall: (a) adopt common telecommunications policies to be developed within the framework of the Common Market in collaboration with other relevant international organisations including the Pan- African Telecommunications Union and the International Telecommunications Union;

The Member States shall:

directed towards the harmonization and maximum use of programmes within their existing institutions for the training of personnel in the field of transport and communications

on new technical developments in all modes of transport and communications.

necessary measures to prohibit the transportation of those products, mail and merchandise that are considered illegal in another Member State and are gazetted as illegal in accordance with the rules and regulations of that Member State. CHAPTER TWELVE CO-OPERATION IN INDUSTRIAL DEVELOPMENT Scope of Co-operation in Industrial Development The objectives of co-operation in industrial development in the Common Market are to: (a) promote self-sustained and balanced growth; (b) increase' the availability of industrial goods and services for intra-Common Market trade; (c) improve the competitiveness of the industrial sector thereby enhancing the expansion of intra-regional trade in manufactures in order to achieve structural transformation of the economy that would foster the overall socio-economic development in Member States; and

Strategy and Priority Areas

For the purposes of Article 99 of this Treaty, the Member States undert to formulate an industrial strategy aimed at: (a) the promotion of linkages among industries throu specialisation and complementarity, paying due regard comparative advantage in order to enhance the spread effects industrial growth and to facilitate the transfer of technology; (b) the facilitation of the development of: (i) small-and-medium scale industries including su contracting and other relations between larger and small firms; (ii) basic capital an d . intermediate goods industries for t purposes of obtaining the advantages of economies scale;

Multinational Industrial Enterprises

the Member States in which such enterprises shall be established, having due regard to the economic conditions and priorities of the particular Member States concerned

of this Article, the Member Stat may take into account any recommendations that the Sectoral Ministeri Meeting on Industry, may make for the purpose of assisting in the c ordination of and the provision of advice on the process of establishi multinational industrial enterprises in the Member States.

order to provide a comprehensi inventory of raw materials required by multinational industrial enterpris they shall give consideration to the desirability of making an inventory their potential natural resources. Industrial Manpower Development, Training, Management and Consultancy Services

measures to establish, wh necessary, joint training institutions and programmes, to share availa national institutions and use African training institutions to meet t requirements for the training of skilled manpower for their industrial a technological development.

to develop and make maximum use of their national entrepreneurs and technical managerial and marketing manpower and other human resources to promote and accelerate the process of their industrialization

the development and the use, as much as possible, of national industrial management and consultancy services in their industrial development and shall also use as much as practicable the services of any appropriate African institution for industrial management and consultancy services Industrial Research and Development and the Acquisition of Modern Technology

make the best use of existing and future industrial and scientific research institutions, facilities and technical know-how. The institutions referred to herein include the Leather and Leather Products Institute and the Metallurgical Technology Centre

adopt a common approach to and determine the terms and conditions governing the transfer or adaptation and development of technology

co-ordinate their efforts and consult each other in matters relating to industrial property Exchange of Industrial and Technological Information

Act 16 Treaty (Implementation) Act (d) legislation on patents, trade marks and designs; and

exchange any information acquired as a result of industrial reseail engineering and technological adaptation or innovation and managerial I marketing experience.

information or documents deemed necessary by the Sectoral Ministel Meeting on Industry.

Article, a Member State may withhold classified documents.

compile, disseminate and absorb industrial information. I

the provisions of this Article shall I apply where the communication of the information in question is prohibl under an agreement concluded before the entry into force of this Trel between a Member State and another party.

Mechanism for the Promotion of Industrial Development

centre for the promotion! industrial development, referred to in this Chapter as "the Centre", asl institution of the Common Market whose constitution shall be determij by the Council.

7 Act 16 Treaty (Implementation) Act 2017 (c) assist in the training and development of various categories of industrial skills including management and marketing; J (d) organize and maintain a data bank for industrial information;

U (e) assist in the development of common standards and quality I control in accordance with the provisions of Chapter Fifteen of Id this Treaty; and

is (a) the undertaking of industrial surveys, project identification and prefeasibility studies; o (b) the provision of advisory services for industrial development with particular reference to multinational enterprises; it

jd (c) working closely and exchanging information with the trade and ■> investment promotion centers in the Member States; and

CHAPTER THIRTEEN

CO-OPERATION IN THE DEVELOPMENT OF ENERGY

Scope of Co-operation

secure supply of energy at competitive prices is a pre- condition for economic development and that to ensure competitively priced supplies of energy to all the Member States requires both the development of local or renewable energy resources and the rational management of existing resources.

of this Article, the Member States undertake to co-operate in the joint development and utilisation of energy I resources including hydro, fossil and bio-mass and shall, in particular, co- I operate in the:

Trade in Energy Resources

a mechanism for facilitating! trade in energy fuels, such as coal, natural gas, petroleum and electricity.

of this Article, the Member Statesl agree to co-operate in:

Efficient Use of Energy in Transport

The Member States shall develop a common strategy in the more efficient! use of energy in the transport sector such as the use of fuel efficient! vehicles, the diversion of traffic to energy saving transport systems such asl railways and water transport, the use of buses and urban mass transport! facilities and the mixing of any imported fuel with local substitutes.

International Agreements

The Member States undertake to accede to international agreements that are designed to improve the management of energy resources, develop new renewable energy resources and coordinate the exchange of information on energy resources.

CHAPTER FOURTEEN

CO-OPERATION IN HEALTH MATTERS

Scope of Co-operation

concerted measures to co operate in health through:

of this Article, the Member States undertake to: (a) devise and implement systems to ensure that pharmaceuticals entering the Common Market from third countries, produced in the Common Market or moving within the Common Market conform to internationally acceptable standards in terms of quality and therapeutic value;

Illicit Drug TVafficking and Use of Banned Ingredients

The Member States agree to develop a common approach through t education of the general public and in collaboration with their la enforcement agencies in controlling and eradicating illicit drug trafficki and the use of harmful or banned ingredients in drugs.

CHAPTER FIFTEEN STANDARDISATION AND QUALITY ASSURANCE

Role of Standardisation and Quality Assurance

The Member States, recognising the importance of standardisation and quality assurance in the promotion of health, the enhancement of the standard of living, the rationalisation and reduction of unnecessary variety of products, the facilitation of interchangeability of products, the promotion of trade, consumer protection, the creation of savings in government purchasing, improved productivity, the facilitation of information exchange as well as in the protection of life, property, and the environment, agree to:

Establishment of Standards The Member States undertake to: (a) apply uniform rules and procedures for the formulation of their national standards; (b) adopt African regional standards and where these ar unavailable, adopt suitable international standards for produc traded in the Common Market; (c) coordinate their views with regard to the selection, recognitio adaptation and application of regional and ir.ternation standards in so far as the needs of the Common Market a concerned, and constantly endeavour to improve th standardisation of goods and services within the Comm™. Market; and (d) apply the principle of reference to standards in their nationa regulations, so as to facilitate the harmonisation of their technics regulations. Quality Assurance

The Member States shall: (a) apply uniform standards and specifications for the inspection an testing of goods traded within the Common Market, so that th results may be more easily interpreted and coordinated in ! uniform manner within the Common Market; (b) adopt regionally acceptable quality management system standards, and develop capacities for quality assurance o products traded in the Common Market;

Certification and Laboratory Accreditation

The Member States shall:

Co-operation in Testing

The Member States undertake to encourage inter-laboratory comparisi testing and mutual recognition of each others' accredited laboratories.

Documentation and Information

The Member States agree to adopt compatible management systems ft standardisation and quality assurance related documentation an information to facilitate easier exchange of information among themselve

Training in Standardisation and Quality Assurance

The Member States agree to:

Publicity of Standardisation Activities

The Member States shall endeavour to make the activity of standardisation and quality assurance known to all concerned through seminars, advertisements, publications, films, discussions, participation of the national standardisation institutions in trade fairs, special national awards and the creation of national quality associations within the Member States.

Administrative Procedures

The Member States shall use harmonised documentation for the evaluation of the quality of goods for customs clearance for goods traded in the Common Market.

CHAPTER SIXTEEN

CO-OPERATION IN THE DEVELOPMENT OF NATURAL RESOURCES, ENVIRONMENT AND WILDLIFE

Scope and Principles of Co-operation

for their mutual benefit, concerted measures to foster co- operation in the joint and efficient management and sustainable utilisation of natural resources within the Common Market.

accompanied by environmental degradation, excessive depletion of resources and serious damage to natural heritage and that a clean as well as an attractive environment is a prerequisite for long-term economic growth.

strategy, to co-operate and coordinate strategies for the protection and preservation of the environment against all forms of pollution including atmospheric and industrial pollution, pollution of the water resources, and pollution from urban development.

policies tor the control of hazardous waste, nuclear materials, radioactive materials and any other materials used in the development or exploitation of nuclear energy.

to the environment shall have the following objectives:

to the environment shall be based on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Environmental protection requirements shall be a component of the Common Market's policy in all the fields of Common Market activity.

Co-operation in Management of Natural Resources

the Member States. In particular, the Member States shall (a) take necessary measures to conserve their natural resources;

necessary measures to conserve an manage forests, through the (a) adoption of common policies for the conservation and management of natural forests, industrial plantations and nature reserves;

Forestry Systems.

in the management of their fresh water and marine resources, through the:

to international conventions or agreements that are designed to improve the policies of development, management and protection of their natural resources.

Co-operation in the Management of the Environment

in the management of the environment and agree to: (a) develop a common environmental management policy that would preserve the eco- systems of the Member States, prevent, arrest and reverse the effects of environmental and industrial pollution, declining bio-diversity, loss of genetic diversity and land degradation;

of this Article, the Member States undertake to: (a) adopt common environmental control regulations, incentives and standards; (b) develop capabilities for the assessment of all forms of environmental degradation and pollution and the formulation of regional solutions; (c) encourage the manufacture and use of biodegradable pesticides, herbicides and packaging materials; (d) discourage the excessive use of agricultural chemicals and fertilizers;

Prevention of Illegal International Trade in Toxic and Hazardous Wastes

positions against illegal dumping of toxic and undesirable wastes within the Common Market from either a Member State or third country.

in sharing technological know-how on clean technologies and low-waste production systems for the energy and productive sectors.

environmental Conventions that are designed to improve the environmental policies and management. To this end, the Member States agree to accede to the Montreal Protocol on the Environment.

environmental management and conservation measures in trade, transport, agricultural, industrial, mining and tourism activities in the Common Market.

Wildlife Development and Management

a collective and coordinated approach to sustainable development and management rational exploitation and utilisation and the protection of wildlife in the Common Market. In particular, the Member States shall:

to international conventions or agreements that are designed to improve their policies for development, management and protection of wildlife and national parks.

CHAPTER SEVENTEEN CO-OPERATION IN THE DEVELOPMENT OF SCIENCE AND TECHNOLOGY Scope of Co-operation Recognising the fundamental importance of science in socio-economic and cultural development and technological progress, the Member States agree to: (a) build up basic scientific and technological research capabilities in their universities and technology centres by appropriate training of scientists, engineers, technologists so as to assure a critical mass while maintaining regional and international contact; (b) build up at the same time expertise in conventional low and indigenous technologies emphasizing craftsmanship and fabrication techniques; (c) effect appropriate reforms in primary, secondary and tertiary education in respect of science and technology;

Promotion of Science and Technology

In order to promote co-operation in science and technology development, the Member States agree to: (a) jointly establish and support scientific and technological research and development institutions in the various disciplines including the strengthening of existing institutions; (b) create a conducive environment for the promotion of science and technology, socio- economic development and growth through the removal of impediments to pro- competitive collaboration in generic research and the swift transfer of technology and technical information from the government to the private sector; (c) facilitate the access of the indigenous scientists, engineers and technologists to international literature and publications on science and technology and promote their contacts with the international fraternity in the various relevant disciplines; (d) promote the exchange of expertise and research results and technical information sharing within the Common Market on science and technology and develop appropriate links and exchange programmes; (e) jointly develop and implement suitable patent laws and industrial licensing systems for the protection of industrial property rights and encourage the effective use of technological information contained in patents; (f) encourage the use of indigenous science and technologies where appropriate and provide incentives for the development of indigenous science and technologies; (g) individually and collectively mobilise technical and financial support from the local and international organisations or agencies for the development of science and technology in the Common Market;

A ct 16 Treaty (Implementation) Act 2017 (h) collaborate in the training of personnel in the various scientific and technological disciplines at all levels using existing institutions where feasible;

CHAPTER EIGHTEEN

CO-OPERATION IN AGRICULTURE AND RURAL DEVELOPMENT

Objectives of Co-operation in Agricultural Development

The overall objectives of co-operation in the agricultural sector are the achievement of regional food security and rational agricultural production within the Common Market. To this end, the Member States undertake to adopt a scheme for the rationalisation of agricultural production with a view o promoting complementarity and specialisation in and sustainability of ational agricultural programmes in order to ensure: (a) a common agricultural policy; (b) regional food sufficiency;

Co-operation in Agricultural Development

The Member States undertake to co-operate in specific fields of agriculture, including:

Co-operation in the Supply of Staple Foods

the infrastructure and investment required to implement the undertakings in paragraph 1 of this Article.

Co-operation in the Export of Agricultural Commodities

The Member States shall:

Co-operation in Agro-industries

In order to foster strong linkages between agriculture and industry, the Member States shall: (a) promote on-farm processing of crop, livestock, fish and forest products so as to enhance the value and availability of finished or semi-processed products and to increase rural employment and incomes; (b) endeavour to consult one another concerning the establishment of large-scale agro-industries so as to avoid under-utilisation of existing and planned processing capacities;

Co-operation in Agricultural Research and Extension

The Member States shall:

Co-operation in Drought and Desertification Management

The Member States shall:

Co-operation in Rural Development

The Member States shall promote rural development through the adoption of measures such as:

Common M arket For Eastern A nd Southern Africa A ct 16 Treaty (Im plem entation) A ct 2017

Strengthening Farmers Participation in Agricultural Development

The Member States agree to strengthen farmer organisations and coordinate their activities for the improvement of agriculture in the Common Market through:

CHAPTER NINETEEN CO-OPERATION IN TOURISM Promotion of Tourism

a collective and coordinated approach to the promotion of tourism in the Common Market. To this end, the Member States shall: (a) remove restrictions on the movement of tourists within the Common Market;

establish a common code of ethics for private and public tour and travel operators, standardise hotel classification and harmonize the professional standards of agents in the tourism and travel industry within the Common Market.

CHAPTER TWENTY

DEVELOPMENT OF COMPREHENSIVE INFORMATION SYSTEMS

The Common Market Information System

in providing information that would enable them to review the functioning and development of the Common Market and move efficiently in the implementation of the provisions of this Treaty. To this end, the Member States shall:

the collection, analysis and dissemination of information necessary to enhance the achievement of the objectives of the Common Market, especially in respect of:

to enable the public and private sector enterprises to be fully aware and informed of the current and potential trade and investment opportunities that exist in the Member States. Steps shall also be taken to rationalise import and sourcing decisions from third countries through the provision of price data, alternative sources of supply and the availability of incentives of an import nature. The Secretariat shall also perform an external relations function through representation for press interviews, meetings and seminars, the production of press releases and newsletters and other general public relations tasks. Co-operation in Statistical Development

The Member States undertake to co-operate in the field of statistics in order to create an enabling environment for the regular flow of up-to-date, reliable, harmonised and comparable statistical data on various sectors of economic activity, required for an efficient implementation of the objectives of the Common Market. To this end, the Member States shall: (a) provide regularly and timely to the Secretariat statistical data that are reliable, harmonised and comparable, through the harmonisation and adoption of common methodologies, concepts and definitions to be used in collecting and compiling statistics; (b) harmonise and adopt common statistical classification to be used in compiling their statistics; (c) encourage co-operation among their national statistical offices in the exchange of statistical data covering various sectors of their economic activities such as external trade, agriculture, industry, energy, natural resources, transport, communications, tourism, population, manpower, money and banking, balance of payments, external debt, government finance, prices, purchasing power parities and national accounting investments;

The Member States agree to recognise the status of the library situated at the Secretariat as the official depository library of the Common Market for the storage and retrieval of all documents, regulations, public notices, databases and other documents with regard to national development plans, official gazettes, central bank annuals, periodic reports and other documents as may be determined and notified by the library from time to time, with respect to the Member State. CHAPTER TWENTY-ONE SOCIAL AND CULTURAL AFFAIRS

Co-operation in Social and Cultural Affairs

themselves in the social and cultural fields, particularly with respect to:

charter, programmes and regulations as the case may be, on the better implementation of the provisions of paragraph 1 of this Article. CHAPTER TWENTY-TWO LEAST DEVELOPED COUNTRIES AND ECONOMICALLY DEPRESSED AREAS Strengthening Capacity for Co-operation

harmonious and balanced development in the Common Market and in particular the need for reducing the disparities among various areas in the region and paying attention to the special problems of each Member State, particularly those of the least developed countries and economically depressed areas, agree to take several measures designed to strengthen the capacities of those groups of States of the Common Market to solve these problems. To this end, the Member States shall:

designate a Member State as a least developed country.

Development of Infrastructures

The Member States agree that one of the major pre-requisites for sustained economic growth of the least developed countries and economically depressed areas of the Common Market is the development of adequate and reliable infrastructure, especially transport and communications. The shortand-medium-term objectives for the development of the transport and communications infrastructure of the least developed countries and economically depressed areas shall include:

Agriculture and Agro-Industrial Development of the Least Developed Countries and Economically Depressed Areas

The Member States undertake to give special attention to the least developed countries and economically depressed areas of the Common Market in the sector of agriculture by:

Development of Services

The Member States agree that special consideration should be given to the least developed countries and economically depressed areas of the Common Market in the service sector. In this regard, the Member States undertake to:

Other Areas of Co-operation

The Council may from time to time adopt other priority areas to be considered in the context of the provisions of this Chapter.

Special Fund for Co-operation, Compensation and Development

Compensation and Development for tackling the special problems of under developed areas and other disadvantages arising from the integration process.

of this Article, the Member States shall conclude a Protocol which shall, inter-alia, determine the machinery and formula to be used in granting compensation under this Article.

CHAPTER TWENTY-THREE DEVELOPMENT OF THE PRIVATE SECTOR

Creation of an Enabling Environment for the Private Sector

an enabling environment for the private sector to take full advantage of the Common Market. To this end, the Member States undertake to:

objectives of paragraph 1 of this Article, the Member States undertake to:

7 of this Treaty shall provide the main link in the dialogue between the private sector and other interest groups and organs of the Common Market.

Strengthening the Private Sector

adopt programmes to strengthen and promote the role of the private sector as an effective force for the development, progress and reconstruction of their respective economies.

of this Article, the Member States shall undertake to:

Co-operation Among Chambers of Commerce and Other Business Organisations

The Member States undertake to co-operate in promoting common measures to ensure the strengthening of linkages among chambers of commerce. To this end, the Member States agree to:

A ct 16 Treaty (Implementation) Act 2017

CHAPTER TWENTY-FOUR

WOMEN IN DEVELOPMENT AND BUSINESS

Role of Women in Development

The Member States agree that women make significant contribution towards the process of socio- economic transformation and sustainable growth and that it is impossible to implement effective programmes for rural transformation and improvements in the informal sector without the full participation of women. To this end, the Member States shall through appropriate legislative and other measures:

CHAPTER TWENTY-FOUR

WOMEN IN DEVELOPMENT AND BUSINESS

Role of Women in Development

The Member States agree that women make significant contribution towards the process of socio- economic transformation and sustainable growth and that it is impossible to implement effective programmes for rural transformation and improvements in the informal sector without the full participation of women. To this end, the Member States shall through appropriate legislative and other measures:

Role of Women in Business

as a vital economic link within the chain of agriculture, industry and trade, the Member States agree to: (a) increase the awareness of Women in Business issues at the policy level;

Women in Business shall be represented at the Consultative Committee and be represented at the meetings of the Technical Committees of the Common Market.

pursuant to the provisions of this Chapter shall be submitted to the appropriate Technical Committees depending on the technical items under consideration.

CHAPTER TWENTY-FIVE

HUMAN RESOURCES DEVELOPMENT AND TECHNICAL CO OPERATION

Development and Utilisation of Human Resources

concerted measures to foster co-operation in human resources development and greater utilisation of human, technical know-how and institutional capabilities in all the fields of activity of the Common Market.

CHAPTER TWENTY-SIX INVESTMENT PROMOTION AND PROTECTION

Scope of Co-operation in Investment Promotion and Protection

The Member States recognise the need for effective resource mobilisation, investment and the importance of encouraging increased flow of private sector investment into the Common Market for development. To this end, the Member States agree to adopt harmonised macro-economic policies that shall attract private sector investment into the Common Market.

Investment Promotion and Protection

private investment flows into the Common the Market, Member States shall (a) accord fair and equitable treatment to private investors;

the following activities shall be considered as investment (a) movable and immovable property and other property rights such as mortgages, loans and pledges;

the Member States shall (a) subject to the accepted principle of public interest, refrain from nationalising or expropriating private investment; and

Act 16 Treaty (Implementation) Act 2017t (b) in the event private investment is nationalised or expropriated,! pay adequate compensation.

the government of a Member State I which have the effect of depriving an investor of his ownership or control | of, or a substantial benefit from his investment and shall be interpreted to \ include all forms of expropriation such as nationalisation and attachment as I well as creeping expropriation in the form of imposition of excessive and j discriminatory taxes, restrictions in the procurement of raw materials, I administrative action or omission where there is a legal obligation to act or I measures that frustrate the exercise of the investors rights to dividends, I profits and proceeds of the right to dispose of the investment

reasonable period o f stability of investment climate is the period required to refinance the investment Information on Investment Incentives and Opportunities The Member States undertake to increase awareness of their investment incentives, opportunities, legislation, practices, major events affecting investments and other relevant information through regular dissemination and other awareness - promoting activities. Double Taxation Agreements The Member States undertake to conclude between themselves agreements on the avoidance of double taxation. Multilateral Investment Agreements The Member States agree to take necessary measures to accede to multilateral agreements on investment dispute resolution and guarantee arrangements as a means of creating a conducive climate for investment promotion. To this end, the Member States undertake to accede to: (a) the International Convention on Settlement of Investment Disputes Between States and Nationals of Other States, 1965; (b) the Convention Establishing the Multilateral Investment Guarantee Agency; and (c) any other multilateral agreements designed to promote or protect investment. CHAPTER TWENTY-SEVEN REGIONAL PEACE AND SECURITY Scope of Co-operation

peace and security are pre requisites to social and economic development and vital to the achievement of regional economic integration objectives of the Common Market. In this regard, the Member States agree to foster and maintain an atmosphere that is conducive to peace and security through co-operation and consultations on issues pertaining to peace and security of the Member States with a view to preventing, better managing and resolving inter-State or intra-State conflicts.

and maintain good neighbourliness as a basis for promoting regional peace and security within the Common Market CHAPTER TWENTY-EIGHT FREE MOVEMENT OF PERSONS, LABOUR, SERVICES, RIGHT OF ESTABLISHMENT AND RESIDENCE Scope of Co-operation

individually, at bilateral or regional levels the necessary measures in order to achieve progressively the free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence by their citizens within the Common Market

on the Free Movement of Persons, Labour, Services, Right of Establishment and Right of Residence

on the Gradual Relaxation and Eventual Elimination of Visa Requirements within the PTA adopted under the PTA Treaty shall remain in force until such time that a Protocol on the Free Movement of Persons, Labour, Service, Right of Establishment and Residence enters into force CHAPTER TWENTY-NINE CO-OPERATION IN OTHER FIELDS General Co-operation

the provisions of this Treaty, the Member States undertake to consult with one another through appropriate organs of the Common Market for the purpose of harmonizing their respective policies in such fields as they may, from time to time, consider necessary or desirable for the efficient and harmonious functioning and development of the Common Market and the implementation of the provisions of this Treaty

the provisions of this Treaty CHAPTER THIRTY FINANCIAL PROVISIONS

Budget

the Secretary-General and approved by the Council

the Council and shall be met from the budget

the Council. The contributions of the Member States shall be based on the budget as approved by the Council

the Council shall assess the annual contributions for each Member State on the basis of the formula determined by the Council from time to time

from a Member State shall be paid into the budget of the Secretariat within one month from the beginning of the financial year to which they relate and the remainder shall be paid within six months from the beginning of that financial year.

the Council to meet extraordinary expenditures of the Secretariat Contributions by Member States The Council shall determine the payment and currencies of contributions by the Member States to the budget of the Secretariat. Common Market Levy and Other Resources

Market levy for the purpose of generating resources for financing Common Market activities.

the Council

include such extra budgetary resources as (a) grants, donations, funds for projects and programmes and technical assistance; and

Accounts of the Secretariat and External Auditors

to each financial year shall be prepared in accordance with international accounting standards and shall be audited in the following financial year by External Auditors

the Council on the proposal of the Secretary-General. Such External Auditors shall be based in the Common Market and be qualified to practise in accordance with the national laws of the Member States. The External Auditors shall be persons of outstanding repute and integrity and who shall have demonstrated a high degree of professional skills

the Council and, subject thereto, shall (a) determine its own procedure; and (b) submit its report of the audit to the Secretary-General not later than six months from the expiry of the financial year to which the accounts so audited relate.

the Secretary- General shall circulate copies thereof to every Member State and convene a meeting of the Intergovernmental Committee or Committee on Administrative and Budgetary Matters to examine the report and to make recommendations in relation thereto before the report is submitted to the Council for adoption

the provisions of this Article and without prejudice to the generality of the foregoing, such regulations may provide for the terms and conditions of service and the powers of the External Auditors Financial Regulations The Council shall make financial regulations for the application of the provisions of this Chapter. CHAPTER THIRTY-ONE SANCTIONS Sanctions

in this Treaty shall be required. To this end, the Member States agree that specific sanctions may be imposed by the Authority to secure fulfillment by the Member States of their obligations under this Treaty

the Authority may impose sanctions on a Member State (a) which defaults in performing an obligation under this Treaty; or (b) whose conduct, in the opinion of the Authority, is prejudicial to the existence or the attainment of the objectives of the Common Market.

the events stipulated in paragraph 2 of this Article, impose any one or more of the sanctions set out below (a) suspend the exercise by such a Member State of any of the rights and privileges of membership to the Common Market; (b) impose a financial penalty on such Member State; (c) suspend from the Common Market a Member State on such conditions and for such period as the Authority may consider appropriate; or

the Authority, be suspended from taking part in the activities of the Common Market and shall cease to enjoy the benefits provided for under this Treaty Continuation of Obligations and Re-admission

Scope of Co-operation

the provisions of this Treaty shall be prioritized on the basis of comprehensive and measurable programmes with clear implementation targets and effective evaluation mechanisms.

the provisions of this Treaty, the Secretariat shall be responsible for following up and monitoring the implementation by the Member States of the provisions of this Treaty and the regulations made, directives issued, recommendations made and decisions taken and opinions delivered by the Council.

the Council a comprehensive and measurable implementation programme with clear targets

divided into stages of two years each starting from the date of the entry into force of this Treaty and shall show a set of actions to be initiated and carried through concurrently

implementation to the next shall be conditional upon a finding that the objectives specifically laid down in the time-table for that stage have been substantially attained and that the obligations have been fulfilled

the Council acting on reports prepared by the Secretariat and on the recommendations of the Intergovernmental Committee

there is a deadlock in the decision to move on to the next stage, the current stage shall be automatically extended for a period of one year

the Council shall make its finding acting on the reports of the Secretariat and the recommendations of the Intergovernmental Committee.

the Council fails to reach a decision, it shall refer the matter to the Authority for its decision which shall be final and binding on all the Member States and on the organs of the Common Market

on the non-fulfillment of its own obligations to prevent a decision from being taken or to reserve its position Common M arket For Eastern A nd Southern Africa A ct 16 Treaty (Im plem entation) A ct 2017 CHAPTER THIRTY-THREE EXISTING INSTITUTIONS AND AGREEMENTS

Continuance in Force of Certain Institutions and Agreements

institutions established under the Preferential Trade Area for Eastern and Southern African States which shall continue to be regulated by the respective Charters establishing them

of this Article, the Institutions are the (a) Eastern and Southern African Trade and Development Bank;

this Treaty, the institutions specified in paragraph 2 of this Article shall be deemed to be institutions of the Common Market and shall be designated as such

the provisions of the PTA Treaty shall not be affected by the provisions of this Treaty

of this Article, the agreements referred to in that paragraph are (a) the Agreement on Privileges and Immunities adopted by the PTA Member States in December 1984; (b) the Customs Bond Guarantee Agreement adopted by the PTA Member States in November 1990; (c) the Charter on Multinational Industrial Enterprises adopted by the PTA Member States in November 1990; (d) the Protocol on Third Party Motor Vehicle Insurance Scheme; and

to in paragraph 5 of this Article to the Preferential Trade Area or any officer or authority thereof shall have the effect as if references therein were substituted by the Common Market and the corresponding officer or authority thereof.

Relationship Between the Institutions of the Common Market and the Common Market

the provisions of its Charter take into account the objectives, policies, programmes and activities of the Common Market

the provisions of this Treaty and shall for this purpose, make co-operation arrangements with each Institution of the Common Market

the Council on its activities and in response to which the Council may give its opinion Dissolution of Certain Existing Institutions

Upon the entry into force of this Treaty the following institutions shall cease to exist:

the Authority after the entry into force of this Treaty, the Council shall propose to the Authority for its approval, measures which in addition to the provisions of this Treaty would be required to be implemented in order to assist in the eventual development and establishment of an Economic Community for Eastern and Southern Africa

the provisions of this Treaty in order to establish an Economic Community for Eastern and Southern Africa

into an Economic Community for Eastern and Southern Africa shall be conditional upon a finding that the objectives of the Common Market have been substantially attained and that the obligations upon the Member States have been fulfdled CHAPTER THIRTY-FIVE RELATIONS WITH OTHER ORGANISATIONS AND CO OPERATING PARTNERS Relations with the African Economic Community

final objective of the Common Market is to contribute to the implementation of the provisions of the Treaty Establishing the African Economic Community. To this end the Member States shall:

the Council Relations with Other Regional Economic Communities

regional integration objectives, the Common Market may enter into co-operation agreements with other regional communities

subject to prior approval by the Council Relations with other Intergovernmental Organisations

the provisions of this Treaty, the Member States may be members of other regional or sub-regional organisations with other Member States or third countries for the purpose of strengthening co-operation among themselves

the activities of the Common Market with those of the organisations referred to in paragraph 1 of this Article

the provisions of this Treaty Relations with Co-operating Partners

the provisions of this Treaty

the Common Market

any other organisation whose policies and programmes are compatible with those of the Common Market in order to facilitate closer co- operation with such organisations, agencies and multi-lateral and bilateral donor agencies

Member States and governmental and non-governmental organisations and bilateral donor agencies on the Common Market policies and strategies including the implementation thereof, with a view to enhancing the participation of these organisations and agencies in the implementation and development of the Common Market.

in paragraph 4 of this Article shall be put before the organs of the Common Market for consideration. Specialised Agencies

the Council, enter into arrangements with any organisation specialised in any of the fields of activity of the Common Market under which such organisation shall implement a specific field of activity for the Common Market.

this Article shall provide for the scope and content of the activity, administration and financing of the services concerned Association with Other Countries The Member States may together negotiate with any third country with a view to the association of that country with the Common Market.

CHAPTER THIRTY-SIX GENERAL, TRANSITIONAL AND FINAL PROVISIONS Headquarters of the Common Market

The Headquarters of the Common Market shall be in Lusaka in the Republic of Zambia or in such other place as may be determined by the Authority. Official Languages

The official languages of the Common Market shall be English, French and Portuguese. Status, Privileges and Immunities

legal personality

the Secretary-General

the provisions of the Charters establishing the institutions of the Common Market which provide that the institution, as the case may be, shall be capable of being sued, the Agreement shall be extended to the institutions of the Common Market:

Provided that the Secretary-General shall make arrangements by which the administrative costs related to implementation of the provisions of the Agreement are equitably shared with the institutions of the Common Market.

the Common Market, shall conclude with the governments of the Member States in whose territory the headquarters or regional or country offices of the Common Market shall be situated, agreements relating to the legal capacity and the privileges and immunities to be recognized and granted in connection with the Common Market

of the Common Market shall, acting on behalf of their institutions, conclude with the governments in whose territory the Headquarters or other offices of such institutions are situated, agreements relating to the legal capacity and privileges and immunities to be recognised and granted in connection with their respective institutions of the Common Market Transitional Arrangements

the Authority, the Council and all subordinate Organs other than the Court of the Common I Market are made under the provisions of this Treaty, the Rules of Procedure I and Terms of Reference of the Authority, the Council of Ministers and I subordinate Organs of the Preferential Trade Area other than the PTA I Tribunal shall continue to apply

the Financial Rules of the Common Market are adopted the Staff Rules and Regulations and Financial Rules of the Preferential Trade Area shall continue to apply.

Dissolution of the Preferential Trade Area

on the Thirtieth day of September 1982 by the Treaty for the Establishment of the Preferential Trade Area for Eastern and Southern African States, shall cease to exist

the Council, a programme for the restructuring and re-organisation of the Secretariat including revision of job descriptions of the posts in the Secretariat to ensure that the Secretariat is more suitably structured to efficiently and adequately discharge the responsibilities entrusted upon it by or under this Treaty Transfer of Assets and Liabilities

there shall be transferred to and vested in the Common Market by virtue of this Article and without further assurance, all the assets and liabilities of the Preferential Trade Area and from that day, the Common Market shall, in respect of the assets and liabilities so transferred and vested, have all the rights, and be subject to all the liabilities, which the Preferential Trade Area had, or is subject to, immediately before that day

on or after the appointed day, references to the Common Market and to the corresponding employee or authority thereof

on the appointed day, shall be continued by or against the Common Market

in any law or document shall on and after the appointed day be continued as references to the Common Market Amendment

the Council may submit proposals for the amendment of this Treaty

the Secretary-General in writing who shall, within thirty days of its receipt, communicate it to the Member States

on the proposals shall do so within ninety days from the date of the dispatch of the proposal by the Secretary-General

the Secretary- General shall submit the proposals and any comments thereon received from the Member States to the Authority through the Committee on Legal Affairs

the Authority and shall enter into force when ratified by two-thirds of the Member States Withdrawal

the Secretary- General one year's written notice of its intention to withdraw and at the end of such year shall, if such notice is not withdrawn, cease to be a Member State of the Common Market

referred to in paragraph 1 of this Article a Member State wishing to withdraw from the Common Market shall nevertheless observe the provisions of this Treaty and shall remain liable for the discharge of its obligations under this Treaty.

States under this Treaty shall, to the extent necessary survive the termination of membership of any Member State

entitled to claim any property assets or rights over any of the property and assets of the Common Market only upon the termination of the Common Market.

Common Market situated in the territory of a Member State whose membership has been withdrawn shall continue to be the property of the Common Market and be available to the Common Market Termination of Operations

on the recommendation of the Council, terminate the operations of the Common Market

on the date appointed by the Authority to be the termination date except those activities incidental to the orderly relations, the conservation and preservation of its assets and settlement of its obligations

for their share of the contributions due shall continue until all claims of creditors, including all contingent claims shall have been discharged

payments to creditors holding direct claims, make such arrangements as are necessary to ensure a pro rata distribution among holders of direct and contingent claims

first be paid out of the assets of the Common Market and then out of the contributions owing

the Council

Common Market to the Member States shall be in proportion to their contributions to the budget and shall be effected at such time and under such conditions as the Council considers fair and equitable.

to receive its share in such distribution of assets until it has settled all its obligations to the Common Market

pursuant to this Article shall enjoy the same rights with respect to such assets as the Common Market enjoyed prior to their distribution

the provisions of Article 191 of this Treaty shall, for the purposes of distribution of assets, be treated as a Member State Annexes to the Treaty

The Annexes to this Treaty shall form an integral part of this Treaty.

Entry into Force, Ratification and Accession

when signed by or on behalf of the High Contracting Parties and ratified by at least eleven signatory States

2 of Article 1 of this Treaty may accede to this Treaty

the Authority may determine

on the date its instrument of accession shall be deposited Depository

the Secretary-General who shall transmit certified truel copies of this Treaty to all the Member States

the Council may determine Common M arket For Eastern A n d Southern Africa A ct 16 Treaty (Im plem entation) A ct 2017

ANNEX I

PRO TOCOL ON TRANSIT TRADE AND TRANSIT FACILITIES PREAM BLE TH E H IG H CONTRACTING PARTIES

R ECALLING the provisions of sub-paragraph (b) of paragraph 2 of Article 4 of the Treaty to the effect that the Member States shall make regulations for facilitating transit trade within the Common Market:

RECALLING FURTHER the provisions of paragraph (h) of Article 85 of the Treaty; HAVING REGARD to the provisions of paragraph 4 of Article 67 of the Treaty; HEREBY AGREE AS FOLLOW S:

Interpretation

In this Protocol:

"carrier" means the person actual transporting transit goods or in charge of or responsible for the operation of the respective means of transport;

"Common Market Transit Document" means any type of customs document for transit declaration approved by the Council to be utilised within the Common Market;

"container" means an article of transport equipment:

16 Treaty (Implementation) Act 2017 (e) so designed as to be easy to fill and empty; and

"customs office of commencement" means any port, inland or frontier customs office of a Member State where the provisions of this Protocol begin to apply;

"customs office of destination" means any port, inland or frontier customs office of a Member State where the provisions of this Protocol cease to apply;

"customs office en-route" means any customs office where goods are imported or exported in the course of a customs transit operation;

"customs office of entry" means any customs office of a second or other subsequent Member States where, in relation to that State, the provisions of this Protocol begin to apply , and includes any customs office which, even when not situated on the frontier, is the first point of customs control after crossing the border; "customs office of exit" means any customs office, which, even when not situated on the frontier, is the last point of customs control before crossing the border; "goods" means all chattels personal other than things in action and includes wares, merchandise, mail, implement and industrial crops; "import or export duties and taxes" means customs duties and other charges of equivalent effect levied by reason of importation or exportation of goods; "means of transport" include: (a) any railway stock, containers, water-going vessels, road vehicles and aircraft; (b) where the local situation so requires, porters and pack animals; and (c) pipelines and gas lines;

"surety" means any person who gives an undertaking to the customs authorities of a Member State to answer for or be collaterally responsible for the debt, obligation, default or miscarriage of the transitor and for the payment to transit States of import duties and any other sums of money due and payable to them in the event of non-compliance with the terms and conditions of transit relating to transit traffic introduced into the transit States by carriers of such goods; "RCTD Document" means the Common Market Road Customs Transit Declaration Document; "transit traffic" means the passage of goods including unaccompanied baggage, mail, persons and their means of transport through the territories of the Member States in accordance with the itineraries set out in paragraph 1 of Article 2 of this Protocol; "transitor" means the person responsible for the conveyance of goods under the provisions of this Protocol or his authorised agent; "vessel" means any mechanically propelled ship, boat or craft with inboard engine power or any other craft moving through water carrying passengers or cargo.

General Provisions

all transitors and transit traffic freedom to traverse their respective territories by any means of transport suitable for that purpose when coming from (a) or bound for other Member States; or (b) third countries and bound for other Member States; or (c) other Member States and bound for third countries; or (d) third countries and bound for third countries.

the provisions of paragraph 1 of this Article, any Member State may, if it deems it necessary, prohibit, restrict or otherwise control the entry of certain persons, mail, merchandise or means of transport from any country for the protection of public morality, safety, health or hygiene, or animal or plant health, or in the public interest

on the transit traffic referred to in paragraph 1 of this Article. However, in accordance with paragraph 6 of Article 11 of this Protocol, a Member State may levy administrative or service charges

there shall be no discrimination in the treatment of persons, mail, merchandise and means of transport coming from or bound to the Member States, and that rates and tariffs, for the use of their facilities by other Member States shall not be less favourable than those accorded to their own traffic Scope of Application

apply to any transitor, mail, means of transport or any shipment of bonded goods in transit between two points either in two different Member States or between a Member State and a third country

if it is (a) operated by a carrier licensed under the provisions of Article 4 of this Protocol; (b) performed under the conditions set out in Article 5 of this Protocol y means of transport approved by the customs office of commencement and issued with certificates which shall be in the form set out in Appendix III of this Protocol; (c) guaranteed by a surety in accordance with the provisions of Article 6 of this Protocol; and (d) undertaken under cover of the RCTD Document, or any other transit document approved by Council.

the provisions of this Protocol but goods, including baggage carried on them shall be subject to the provisions of this Protocol However, the aircraft, vessel or train will be subject to the national laws and regulations of the transit country.

when the customs duties and other charges of equivalent effect have been eliminated and common external tariffs established. In this regard, the Council will determine the transit regime and trade facilities to be applicable for Common Market produced goods Licensing of Carriers

the provisions of this Protocol shall be licensed for that purpose by the competent authorities of the Member State in whose territory he is normally resident or established, and the competent authority shall inform all the other Member States of all the persons so licensed

a person resident or established in a Member State shall be that (a) the requirements of Article 5 of this Protocol have been satisfied; and (b) the applicant has not during the previous three years been convicted of a serious offence, including accepting, receiving or offering bribes, smuggling, theft, destroying documents or evidence, and failing or refusing to give information relating to inter- state transportation of goods.

the licences referred to in paragraph 1 of this Article to applicants who are not resident or established in a Member State shall be determined by each Member State in consultations with the other Member States Provided that such conditions shall not be more favourable than conditions accorded to persons resident or established in that Member State.

customs offences referred to in sub-paragraph (b) of paragraph 2 of this Article or who conceal their record of having been convicted of such offences in order to obtain a licence or who commit such offences after they have been licensed to operate transit traffic, shall have their licences suspended automatically or withdrawn by the issuing authorities who shall thereupon notify the customs authorities of the other Member States and the respective sureties of the action taken Approval of Means of Transport

transit trade shall be licensed by the appropriate licensing authorities of the Member States in accordance with their national laws and regulations

of paragraph 2 of Article 3 of this Protocol, means of transport, together with their cargo, shall be presented to the customs offices of commencement for examination to ensure that they comply with the technical conditions stipulated in Appendix II of this Protocol before each transit traffic operation is undertaken Bonds and Sureties

All Common Market transit traffic operations carried under the cover of the RCTD Document or any other transit document approved by Council shall be covered by customs bond and sureties arrangements.

Common market Transit Document

the Council may deem necessary, each Member State undertakes to authorise a transitor or his authorised agent, to prepare in respect of each consignment of transit goods a Common Market Transit Document in accordance with the Rules laid down in Appendix I of this Protocol

Common Market Transit Documents shall be valid for only one transit operation and shall contain a sufficient number of copies for customs control and discharge required for the transport operation concerned

the provisions of this Protocol shall be accompanied by relevant Common Market Transit Documents and such documents shall, on demand, be presented by the carriers, together with the respective means of transport and certificates to the customs offices enroute and the customs offices of destination for their appropriate actions Exemption from Customs Examinations and Charges

the provisions of Articles 4 and 5 of this Protocol are satisfied, goods carried in approved sealed means of transport, sealed packages, or accepted by a customs office of commencement as goods not susceptible to tampering, substitution or manipulation, and permitted to be carried unsealed, shall not (a) be subject to the payment of import or export duties at customs offices en-route; and (b) as a general rule, be subject to customs examination at such offices.

where they suspect an irregularity, carry out at such offices a partial or full examination of the goods Transit Procedures

transport shall be presented to the customs office of commencement together with duly completed relevant Common Market Transit Documents supported by appropriate bonds as necessary for examination and affixing of customs seals. The office of commencement shall decide whether the means of transport to be used provide enough safeguards to ensure customs security and whether the shipment may be made under cover of the relevant Common Market Transit Document

it is not possible for goods to be transported in sealed means of transport to compartments, the customs authorities at the customs office of commencement may authorise their transportation in such unsealed means of transport or compartments and under such conditions as they may deem necessary, and endorse the relevant Common Market Transit Document accordingly

the provisions of this Protocol shall not at the same time be used to transport passengers unless such passengers and their personal effects are carried in a part of the means of transport which is adequately sealed off to the satisfaction of the customs authorities of the customs office of commencement from that part of the means of transport used for the transport of goods under the provisions of this Protocol, and otherwise complies with the provisions of Appendix II of this Protocol, unless the goods are such that sealing is dispensed with under the provisions of this Protocol.

from, or substituted for goods consigned under cover of a Common Market Transit Document at times of off-loading, trans-shipment or collecting.

the respective Common Market! Transit Document, shall be presented to the customs authorities at customs! offices enroute and at customs offices of destination for such administrative! action as may be required under the provisions of this Protocol.

customs offices enroutel within the Member States shall respect the seals affixed by the custom! authorities of the other Member States. Such customs authorities mayl however, affix additional seals of their own.

if they deem i necessary (a) require the means of transport to be escorted through the territor; of their country, At the transitor's expense, when goods ail transported in unsealed means of transport; or

appropriate Common MarkB Transit Document shall have only one customs office of destination

of transport are examined at a customs offiB enroute or anywhere in the course of transportation, the customs authoritiH concerned shall affix new seals and make a certified declaration of tH particulars of irregularities, if any, and of the new seals affixed by them. I

The carrier shall arrange where appropriate for the goods to be transferred to other means of transport in the presence of customs authorities concerned or any other accredited local authority. The customs authority or such other accredited authority shall endorse the Common Market Transit Document with the particulars of the goods transferred to the other means of transport and where possible apply the customs seal

of destination, the Common Market Transit Document shall be discharged without delay. If, however, the goods cannot be immediately entered under another customs regime, the customs authorities may reserve the right to discharge the document conditionally upon a new liability being substituted for that of the surety guaranteeing the said document.

without prejudice to the application of the provisions of national laws, be followed and a certified report drawn up in the form set out in Appendix IV of this Protocol

that the goods covered by a Common Market Transit Document have been destroyed by force majeure an exemption from payment of the duties shall be granted Obligations of the Member States and Sureties Subject to the provisions of Article 6 of this Protocol, the obligations of Member States and sureties are as follows: (a) each Member State undertakes to facilitate the transfer to the other Member States of the funds necessary for payment of premiums or other charges claimed from sureties under the provisions of this Protocol, or for payments of any penalties which the transitor may incur in the event of an offence being committed in the course of transit transport operations;

where the direct trans-shipment of goods from one means of transport to another is not possible. The management and operation of such bonded, transit or customs areas and such bonded warehouses shall be in accordance with the customs rules and regulations of the Member States concerned

for the purpose of facilitating transit traffic in accordance -with their national laws and regulations

any other transit document approved by Council shall have affixed to its front and rear, a plate bearing the letters "COMESA-TRANSIT", the specifications of which are laid down in Appendix V of this Protocol. These plates shall be so placed as to be clearly visible, removable and capable of being sealed. The seals to such plates shall be affixed by the customs authorities of the customs offices of commencement and shall be removed by the authorities of the offices of destination

each other through the Secretariat facsimiles of the seals, stamps and date stamps they use

the other Member States through th Secretariat a list of its customs offices and stations including transit route approved by it for Common Market Transit Document covered traffic an normal working hours of such offices. Contiguous Member States shaf consult each other in determining the frontier customs offices to be includ in such lists and where possible such offices shall be juxtaposed

in this Protocol, no charges sh be levied for customs attendance, save where it is provided on days or times or places other than those appointed for such operations. Wherev possible customs frontier offices shall remain open for business for twent four hours a day or shall allow execution of customs formalities relating the transportation of goods under the provisions of this Protocol outside t normal working hours

the provisions of this Protocol shall render a carri liable in the Member State where the offence is committed to the penalti prescribed by law in that Member State

in this Protocol shall prevent the Member Sta from enacting special legislation in respect of transport operatio commencing or terminating in or passing through their territories Provided that the provisions of such legislation shall not conflict w the provisions of this Protocol, are extended to other Member States or not confer benefits on third countries that are more favourable than th enjoyed by the Member States.

have an annex of a n explaining how that particular document should be used I

A ct 16 Treaty (Implementation) Act 2017

explaining how that particular document should be used. APPENDIX I

NOTE FOR THE USE OF THE COMMONMARKET TRANSIT DOCUMENT ,

after referred to as "document" shall be prepared in the country of commencement where the goods are first declared to be in transit.

the English. French and Portuguese languages but completed in the language of the country of commencement. The customs authorities of the other countries traversed reserve the right to require their translation into their own language. In order to avoid unnecessary delays which might arise from this requirement, earners are advised to supply the operator of the means of transport with the requisite translations.

of the transit operation at a customs office of destination provided that it has been taken under customs control at the customs office of commencement within the time limit given by the issuing authorities.

The document must be typed or multigraphed or printed legibly (b) When there is not enough space on the manifest separate sheets to enter all the goods carried, separate sheets of the same model as the manifest may be attached to the latter, but all copies of th4!l manifests must contain the following particulars:-

be expressed in units of the metric system and values in the currency of the country of 5'i commencement or in Eastern and Southern Africa Currency Unit (ESACU).

on the document. Any correction shall be made by deleting the incorrect particulars and adding, if necessary, the required particulars. Any correction, addition or other amendment shall be acknowledged by the person making II and countersigned by the customs authorities.

of transport or several containers, the contents of each means of transport shall be Indicated separately on the manifest. This information shall be preceded by the registration or identification number of the means of transport or container.

there is more than one customs office of destination, the entries concerning the goods taken under customs control at. or intended for. each office shall be clearly separated from each other on the manifest.

being broken or goods being destroyed or damaged accidentally en-route the operator of the means of transport shall ensure that a certified report is drawn up as quickly as possible by the authorities of the country in which the vehicle heated The operator shall approach the customs authorities, if there are any near at hand or if an other competent authorities. Operators shall accordingly provide themselve with copies of the certified report form laid down In Appendix V of thi Protocol on Transit Trade and Transit Facilities within the Common Market

immediate unloading of the whol or part of the part of the load en-route, the operator may take action on hi own initiative without requesting or awaiting intervention by the authoritie mentioned in paragraph 9 of these notes. He must then furnish adequat proof that he was compelled to take such action the interests of the mean of transport or of the load. Having taken such preventive measures as th emergency may necessitate, he shall at the first opportunity notify th authorities mentioned in paragraph 9 of these notes in order that the facts may be verified, the load checked, the means of transport sealed and a report drawn up APPENDIX II REGULATIONS RELATING TO TECHNICAL CONDITIONS APPLICABLE TO MEANS OF TRANSPORT OTHER THAN PORTERS AND PACK ANIMALS WHICH MAY BE ACCEPTED FOR TRANSPORT OF GOODS WITHIN THE COMMON MARKET UNDER CUSTOMS SEAL

of goods by means transport under customs seal may be granted only for means of transport constructed and equipped in such a manner that: (a) customs seal can be simply and effectively affixed thereto; (b) no goods can be removed from or introduced into the sealed part of the means without transport without obvious damage to it or without breaking the seals: (c) they contain no concealed spaces where goods may be hidden.

so constructed that all spaces in the form of compartments, receptacles or other recesses which are capable of holding goods are readily accessible for customs inspection.

by the different layers of the sides, floor and roof of the means of transport, the inside surface shall be firmly fixed, solid, unbroken and incapable of being dismantled without leaving obvious traces.

technical purposes, such as lubrication maintenance and filling of the sand-box. shall be allowed only on condition that they are fined with a cover capable of being fixed in such a way as to render the loading compartment inaccessible from the outside.

of means of transport shall be fitted with a device which shall permit simple and effective customs sealing. This device shall either be welded to the sides of doors where these are of metal, or secured by at least two bolts, riveted or welded to the nuts on the inside.

fitted that doors and other closing systems cannot be lifted of the hinge-pins, once shut: the screws, bolts, hinge-pins and other fasteners shall be welded to the outer parts of the hinges. These requirements shall be waived. However, where the doors and other closing systems have a locking device Inaccessible from the outside which, once it is applied. Prevents the doors from being lifted off the hinge-pins.

to cover all interstices and ensure complete and effective closure

provided with a satisfactory device for protecting the customs seal, or shall be so constructed that the customs seal is adequately protected.

to Insulated vehicles refrigerator vehicles. Tank vehicles and furniture vehicles in so far as they are not incompatible with the technical requirements which such vehicles must fulfill in accordance with their use.

and manholes of tank wagons shall be so conducted as to allow simple and effective customs sealing

subject to the same conditions as non-folding or non-collapsible containers, provided that the locking devices enabling them to be folded or collapsed allow of customs sealing and that no part of such container can be moved without breaking the seals APPENDIX III Certificate of Approval of Means of Transport

specified below fulfils the conditions required for admission to intra- Common Market transport of goods under customs seals.

................ (d ate)

Note: This licence must be frame and exhibited in the can of the means of transport to which it relates and must be returned to the issuing office when the means of transport is not in use, or on a change of owner or carrier on expiry of the period of validity of the certificate, or if there is any material change, in any essential particulars of the means of transport.

APPENDIX IV CERTIFIED DECLARATION OF EXAMINATION OF CONTENTS OF MEANS OF COMMON MARKET TRANSPORT Front of Report Form

Issued at

examined: Kind of means of transport Registration No...................... Country in which registered...........................

□ Seals broken or missing □ Evidence of break in □ Vechicle involved in an accident □ Other

□ All packages were intact and none of their contents were missing. □ The following good/packages were missing/damaged

Serial No. C o n s i g n m e n t a l Number and Description Remarks and Identification kind of of goods packages

MANIFEST

the irregularities note (reply in the space provided on the back of this form)

transferred: Type of means of transport................................................................................ Registration No................................................................................................... Country in which registered............................................................................

provided above is correct and complete Place and date Signature of officer Location of customs office

Check the boxes applicable Back of Report Form Explanation provided by carrier

Place and Date Signature

NOTE: This form must be prepared in triplicate to be distributed as follows: Original: To be attached to the Common Market Transit Document. Duplicate: If the inspection takes place at an office of entry, the duplicate should be attached to the copy of the Common Market Transit document of the office of entry.

If the inspection takes place at an office of exit, the duplicate should be attached to the corresponding voucher and returned to the office of entry.

Triplicate: To be returned at the office where the examination took place.

APPENDIX V COMMON MARKET TRANSIT PLATES

Roman letters shall be used.

The letters shall be white on a blue background.

"COMESA-TRANSIT"

ANNEX II PROTOCOL ON THIRD PARTY MOTOR VEHICLE INSURANCE SCHEME

PREAMBLE Whereas IT IS PROVIDED IN SUB PARAGRAPH (E) OF Article 85 of the Treaty that the Member States shall adopt minimum requirements for the insurance of goods and vehicles; AND Whereas it is desirable to prescribe by means of this Protocol a third party motor vehicle insurance scheme.

NOW THEREFORE it is hereby agreed as follows: PART ONE GENERAL PROVISIONS AR TIC LE 1 Interpretation For the purposes of this Protocol, the following terms and expressions shall have the meaning hereby assigned to them: "accident" means a happening related to a motor vehicle causing personal injuries or material damage of both and therefore engages the third party liability of the policy holder;

"Council of Bureaux" means the Assembly of National Bureaux which shall co-ordinate and supervise the activities of the National Bureaux; "Common Market" means the Common Market established by the Treaty; "Insurance policy" means a document issued by the insurer evidencing and agreement to insure and containing the conditions of the agreement concluded whereby the insurer undertakes for a specific fee to indemnify the insured for the losses arising out of the perils and accidents specified in the contract; "Motor vehicle"means any motor vehicle which is constructed or adapted for the use of carriage of persons or goods by road and any trailer or semi-trailer designed to be drawn by such a vehicle; "National Bureau" means a government designated agency in each Member State that shall be responsible for the management and control of the Common Market Yellow Card;

"policy holder" means a legal or a natural person holding an insurance policy on account of premium paid for the coverage of the liability in respect of the insured motor vehicle;

"the yellow card" means the insurance card that shall be issued by the National Bureaux of the Member States and shall be evidence of a third party liability cover obtained in accordance with the laws and regulations in force in the country where the accident occurred;

"Treaty" means the Treaty for the Establishment of the Common Market for Eastern and Southern Africa.

A R TIC LE 2 Objective

By this Protocol there is hereby established a compulsory third party motor vehicle insurance scheme providing at least minimum guarantees as those required by the laws in force in the Member states when the vehicles insure are transiting the territories of other Member States.

Structure o f the Scheme

insurance scheme established by this Protocole shall have, as its legal technical and financial basis, the guarantees which are afforded to motorists proceeding to the Member States by taking out an insurance policy on the usual terms with an insurer authorised to undertake this type of business in the country which is the point of departure for the journey.

on a Common Market Yellow Card hereinafter referred to as the "Yellow Card" and as defined in Article 6 of this Protocole.

by a National Bureau in accordance with the provisions of Article 13 of this Protocol. The yellow Card shall be issued to motorists through the insurers with whom they have take out a valid liability insurance policy when driving in their country.

behalf of its member insurers claims arising from accidents caused abroad by holders of the cards it has issued and shall also handle claims arising from accidents caused in its country by holders of cards issued by the National Bureaux of the Member States.

of the scheme established by this Protocol shall be co- ordinated and supervised by the Council of Bureaux of which all the National Bureaux of the Member States shall be members in accordance with the provisions of Article 16 of this Protocol.

PART TWO REGULATIONS CONCERNING THE YELLOW CARD

Participants in the Scheme

the scheme as principal participants.

I

financial structure, which are authorised by the competent authorities of their countries of activity to undertake insurance operations against liability risks in respect of motor vehicle accidents, shall participate in the scheme as subsidiary participants. The participation of such insurers in the present scheme shall be subject to their membership in the National Bureau of their countries of activity. Obligations o f the Participants

to recognise the validity of the Yellow Card in its territory and to enact laws and regulations for the establishment of the card scheme, and particularly for the designation of its National Bureau; to ensure that its National Bureau is established and functions in accordance with the provisions of this Protocol and that it joins the Council of Bureaux and complies with its decisions; to guarantee the solvency of its National Bureau; and to ensure that either its government or the National Bureau deposits with its Central Bank or a designated Commercial Bank a minimum of ESACU 200,000 in the form of either a letter of credit or security, to guarantee its performance.

to issue to its policy holders Yellow Cards guaranteeing such policy holders adequate cover against motor vehicle third party risks they incur in the countries which they visit; to undertake, by way of reimbursement to the National Bureau, payment of compensation for damages and any accessory or related expenses; and to contribute to the operation of the National Bureau and, through the Bureau, to the operating expenses of the Council of Bureaux of Bureaux. The Common Market Yellow Card

from time to time matters form related to the Yellow Card which shall be uniform.

not be limited by the following particulars:

Name and address of the issuing National Bureau; Name and address of the insurer; Identification of the vehicle; Name and address of the policy holder; Date of issue and of expiry of the card; Name and address, in each contracting party, of the National Bureau which the policy holder is to notify in the event of an accident; Number of the insurance policy; Serial number of the card; List of countries in which it is valid; Signature and stamp of the insurer; and Signature of the policy holder.

the means of effecting a compulsory motor vehicle third party insurance scheme within the Common Market, shall be printed in English, French and Portuguese languages.

Card shall cover the liability incurred by the holder of the card in accordance with the laws of each member country which he visits.

policy under which it is issued, the Yellow card shall provide all the guarantees required by the laws of regulations governing compulsory motor vehicle insurance in the country in which the accident occurred.

as a valid certificate of insurance in the territories of the Member States in which the production of such a certificate is required either within the national territory or at ist frontiers, as a condition for circulation of motor vehicles.

territory insurance is not compulsory by law, the guarantee provided by the Yellow Card shall correspond to the third party liability on the motorist in accordance with the laws and regulations in force in the Member States where the accident occurred. Validity o f the Yellow Card

for a period of time determined in advance, irrespective of the number of journeys to be performed, the period in question not exceeding one year.

for one specific vehicle and shall in no circumstances be transferable to another vehicle.

the Yellow card shall constitute proof of the existence of an insurance policy. PART THREE THE NATIONAL BUREAU Designation o f the National Bureau The designation of each National Bureau shall be determined by the legal provisions in force in the territory of each Member State. Its mode of operation shall be determined by the legal instrument by which it is designated. Composition o f National Bureau In accordance with paragraph 2 of Article 4 of this Protocol, each National Bureau shall be composed of insurers authorised by the local supervisory authorities for insurance against motor vehicle liability risks. In a Member State where one single State-owned insurance company has the monopoly of all insurance operations, that Member State may designate that company to act as the National Bureau of that country.

Financing o f the National Bureau

by the contributions of its members. The amount and method of payment of contributions shall be determined by the National Bureau at the time of admission to membership.

at the disposal of the National Bureau as advances, at its request, the sum necessary for its operation.

Withdrawal o f Designation

and Replacement of the National Bureau

The withdrawal of designation of a National Bureau shall be at the initiative of the Member State, provided that before the withdrawal becomes effective, the Member State shall notify the Council of Bureaux at least six months prior to such withdrawal; and the notification shall be accompanied by the conditions and modalities of such withdrawal and replacement of the National Bureau with a new designated one.

Functions o f the National Bureau

The National Bureau shall undertake the functions of issuing and handling agencies.

The National Bureau as the issuing Agency

As an issuing agency, the National Bureau:

provide the Yellow Card forms to insurers which are members of the National Bureau and which request them; the National Bureau shall arrange for the printing of the cards and shall allot to each of them a serial number. The insurers shall keep a record of card holders and shall undertake not to issue cards to persons other than their own policy holders;

arrange with each of the National Bureau of the Member States for the receipt of statements and claims concerning accidents caused in the territory of another Member State by its policy holders, to proceed with the investigation of such accidents and to pay compensation on request, supported by the usual documents of proof. In the case of claims for damages expected to exceed the amount to be determined by the Council of Bureaux the National Bureau shall obtain prior authorisation from the issuing Bureau before agreeing to any settlement;

shall reimburse free of transfer or exchange charges a handling agency which has paid compensation in the currency of its own country:

the total amount paid by way of damages, expenses and disbursement or, where the settlement is made by amicable agreement, the amount agreed in the settlement including agreed expenses. Fines shall on no account be reimbursed;

the expenses actually incurred in the investigation and settlement of the claim; and

the handling fee which shall be determined in advance and for all cases by the Council of Bureaux; and

may use the services of the Clearing House of the Common Market to effect such transfers.

The National Bureau as a Handling Agency

As a handling agency, the National Bureau shall perform the following operations:

It shall act in the best interests of the issuing Bureau as soon as it is informed of an accident caused in its country by the holder of a Yellow Card issued by the National Bureau of a Member State. In processing the claim, it shall undertake necessary verification concerning the circumstances of the accident and, on the basis of the findings, take any administrative or non judicial action that it deems necessary. As provided by paragraph (b) of Article 13 of this Protocol, it may without the prior authorisation of the issuing Bureau, settle claims up to a limit to be fixed by the Council of Bureaux. It shall, in any case, advise the issuing Bureau of any claims it is handling on the latter's behalf. At the judicial level, the Bureaux, in its capacity as the handling agency, shall be entitled to take any steps to institute or to contest any legal action. In the case of claims for damages below a certain amount established by agreement with each of the other issuing Bureaux, the Bureau may agree to a settlement out of court.

It shall not knowingly entrust or relinquish the handling of a claim to one or more persons having interest in the settlement of the claim without the written consent of the issuing Bureau; and

When the compensation is equal or higher than the amount expected to be fixed by the Council of Bureaux, the handling Bureau can instruct the issuing Bureau to request its Bank to place immediately at its disposal an amount corresponding to the figure of compensation.

PART FOUR THE COUNCIL OF BUREAUX

Creation o f a Council o f Bureaux

The contracting parties agree to set up a body to be known as the Council of Bureaux whose functions are defined in Article 18 of this Protocol.

Composition o f the Council o f Bureaux

of one representative and alternate representative designated by each National Bureau.

the Council of Bureaux shall be elected in rotation among the members of the Council of Bureaux for a term of one year.

Meetings o f the Council o f Bureaux

the Council of Bureaux

not later than 2 months after the entry into force of this Protocol.

meetings shall be held at the request of any one of the National Bureaux.

constitute a quorum for both ordinary and extraordinary meetings.

the agenda shall be submitted in writing to the Chairman not later than 20 days before the meeting. Only items on the agenda shall be discussed.

shall provide secretarial services to the Council of Bureaux until such time as the Council of Bureaux shall have decided to have its own secretariat.

the Council of Bureaux shall have one vote and the decisions of the Council of Bureaux shall be by simple majority. Functions o f the Council o f Bureaux The Council of Bureaux shall:

have, as general function, the orientation, co-ordination and supervision over the whole of the insurance scheme established by this Protocol; orientate, co-ordinate and supervise the legal technical administrative and financial operations of the National Bureaux;

prepare an inter-Bureaux Agreement which shall be signed by all the National Bureaux and which the Council of Bureaux shall be entitled to amend. This Agreement shall in particular determine the maximum amounts of the delegation of the powers of settlement by one National Bureau to another, and the minimum handling fee payable for each case handled by them;

settle disputes between two or more National Bureaux as to the implementation of the provisions of this Protocol. The decisions of the Council of Bureaux shall be notified to the National Bureaux and the Council of Bureaux shall see to their execution. The decisions of the Council of Bureaux shall be taken by simple majority. If no agreement is reached, the matter shall be referred for settlement in accordance with the provisions of Chapter Five of the Treaty;

In its own initiative or on the initiative of any of the Member States, consider and, if it deems it advisable, propose changes in the laws or regulations of the Member States with a view to improving the functioning of the Yellow Card Scheme, or to harmonising the systems of compensation for damages occasioned by road traffic accident or to improving accident prevention; and

Establish its annual budget and shall fix the annual contributions to be paid by members which shall be an equal amount among its members.

ANNEX III PROTOCOL RELATING TO THE UNIQUE SITUATION OF LESOTHO, NAMIBIA AND SWAZILAND THE HIGH CONTRACTING PARTIES Cognizant of the unique situation of Lesotho, Namibia and Swaziland (LNS) arising from the membership of the Southern African Customs Union and the Common Monetary Area. Conscious that calling upon the LNS countries to implement immediately certain provisions of this Treaty may cause dislocation or fundamental disturbances to their economies.

HAVE AGREED AS FOLLOW S:

Scope o f Exceptions

the provisions of the Treaty the provisions of this Protocol shall apply for the purposes of establishing a framework of special arrangements in regard to the participation of the LNS countries in the Common Market.

the provisions of paragraph 1 of this Article the Member States agree to grant to Lesotho, Namibia and Swaziland five (5) years derogation from the application of the provisions of the Treaty relating to tariff reduction and the removal of non-tariff barriers; the establishment and maintenance of a common external tariff; most favoured nation treatment and monetary co- operation.

in this Treaty shall affect any decision taken or acts done under the Southern African Customs Union Agreement and the Common Monetary Area Agreement before the coming into force of this Protocol or the continued fulfilment of the obligations of the LNS countries under the said Agreements.

Obligations' o f the LNS Countries

The LNS countries undertaken to:

Implementation

on the proposal of the International Committee may make recommendations to the LNS countries concerning the measures and projects to be undertaken in furtherance of the provisions of this Protocol.

the provisions of this Protocol the Secretary-General shall undertake studies and make appropriate recommendations to Council on the practical aspects of and any other matters relating to the implementation of this Protocol.

Done a t ........................................ in the Republic o f .........................on the .................... day...........................................

o f ............................... in the year one thousand nine hundred and............... , in the English, French and Portuguese languages, the three texts being equally authentic.

IN FAITH W H E R EO F the undersigned have

Placed their signatures at the end o f this Treaty

T he President o f the R epublic o f A n gola

T he President o f the R epublic o f Burundi

, .... T he President o f the Federal Islam ic R epublic o f the C om oros

T he President o f the R epublic o f Djibouti

T he President o f the State o f Eritrea

T he President o f the Transitional G overnm ent o f Ethiopia

I T he President o f the R epublic o f K enya

H is M ajesty the K ing o f the K ingdom o f L esotho

T he President o f the U nited R epublic o f Tanzania

SL*-- - T he President o f the R epublic o f U ganda

y The President o f the R epublic o f Zaire

The President o f the R epublic o f Z am bia

T he President o f the R epublic o f Z im babw e.

A ct 16 Treaty (Implementation) Act 2017

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