trade protocol - Southern African Development Community - SADC

CONSOLIDATED PROTOCOL ON TRADE Table of Contents
Preamble 4
Part One DEFINITIONS AND OBJECTIVES 5 ARTICLE 1 DEFINITIONS 5
ARTICLE 2 OBJECTIVES 7 Part Two TRADE IN GOODS 7 ARTICLE 3 ELIMINATION OF BARRIERS TO INTRA-SADC TRADE 7
ARTICLE 4 ELIMINATION OF IMPORT DUTIES 8
ARTICLE 5 ELIMINATION OF EXPORT DUTIES 8
ARTICLE 6 NON-TARIFF BARRIERS 9
ARTICLE 7 QUANTITATIVE IMPORT RESTRICTIONS 9
ARTICLE 8 QUANTITATIVE EXPORT RESTRICTIONS 9
ARTICLE 9 GENERAL EXCEPTIONS 10
ARTICLE 10 SECURITY EXCEPTION 10
ARTICLE 11 NATIONAL TREATMENT 11 Part Three CUSTOMS PROCEDURES 11 ARTICLE 12 RULES OF ORIGIN 11
ARTICLE 13 CO-OPERATION IN CUSTOMS MATTERS 11
ARTICLE 14 TRADE FACILITATION 11
ARTICLE 15 TRANSIT TRADE 11 Part Four TRADE LAWS 12 ARTICLE 16 SANITARY AND PHYTOSANITARY MEASURES 12
ARTICLE 17 STANDARDS AND TECHNICAL REGULATIONS ON TRADE 12
ARTICLE 18 ANTI-DUMPING MEASURES 13
ARTICLE 19 SUBSIDIES AND COUNTERVAILING MEASURES 13
ARTICLE 20 SAFEGUARD MEASURES 13
ARTICLE 20 BIS PROVISIONAL SAFEGUARD
MEASURES.........................................................10
ARTICLE 21 PROTECTION OF INFANT INDUSTRIES 15 Part Five TRADE RELATED INVESTMENT MATTERS 16 ARTICLE 22 CROSS-BORDER INVESTMENT 16 Part Six OTHER TRADE RELATED ISSUES 16 ARTICLE 23 TRADE IN SERVICES 16
ARTICLE 24 INTELLECTUAL PROPERTY RIGHTS 16
ARTICLE 25 COMPETITION POLICY 16 Part Seven OTHER SUBSTANTIVE PROVISIONS 17 ARTICLE 26 TRADE DEVELOPMENT 17 Part Eight TRADE RELATIONS AMONG MEMBER STATES AND WITH THIRD COUNTRIES
17 ARTICLE 27 PREFERENTIAL TRADE ARRANGEMENTS 17
ARTICLE 28 MOST FAVOURED NATION TREATMENT 17
ARTICLE 29 COORDINATION OF TRADE POLICIES 18
ARTICLE 30 CO-OPERATION WITH THIRD COUNTRIES OR GROUPS OF THIRD
COUNTRIES 18 Part Nine INSTITUTIONAL ARRANGEMENTS AND DISPUTE SETTLEMENT PROCEDURES
18 ARTICLE 31 INSTITUTIONAL ARRANGEMENTS 18
ARTICLE 32 SETTLEMENT OF DISPUTES 20
ARTICLE 33 GENERAL UNDERTAKING 20
ARTICLE 34 AMENDMENTS 20
ARTICLE 35 SIGNATURE 20
ARTICLE 36 RATIFICATION 21
ARTICLE 36A IMPLEMENTATION
15
ARTICLE 37 ENTRY INTO FORCE 21
ARTICLE 38 ACCESSION 21
ARTICLE 39 DEPOSITARY 21 ANNEXES 23 ANNEX I Concerning The Rules Of Origin For Products To Be Traded Between
The Member States Of The Southern African Development
Community 23
ANNEX II Concerning Customs Co-Operation Within The SouthernAfrican
Development Community 50
ANNEX III Concerning Simplification And Harmonisation Of Trade
Documentation And Procedures 68
ANNEX IV Concerning Transit Trade And Transit Facilities 73
Annex V Concerning Trade Development 100 ANNex VI CONCERNING THE SETTLEMENT OF DISPUTES BETWEEN THE MEMBER
.70
STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY ANNEX VII CONCERNING TRADE IN SUGAR IN THE SOUTHERN AFRICAN DEVELOPMENT
COMMUNITY
ANNEX VIII CONCERNING SANITARY AND PHYTOSANITARY
MEASURES........................88
ANNEX XI CONCERNIGN TECHNICAL BARRIERS TO
TRADE...........................................98
Preamble THE HIGH CONTRACTING PARTIES: NOTING that the Treaty establishing the Southern African Development
Community has, in Article 22, expressly called for the conclusion of
Protocols as may be necessary in each area of co-operation within the
Community; CONSIDERING that trade in goods and services and the enhancement of cross-
border investment are major areas of co-operation among the Member States
of the Community; RECOGNISING that the development of trade and investment is essential to
the economic integration of the Community; RECOGNISING that an integrated regional market will create new
opportunities for a dynamic business sector; CONVINCED of the need to strengthen Customs co-operation and combat illicit
trade within the Community; CONVINCED that a framework of trade co-operation among Member States based
on equity, fair competition and mutual benefit will contribute to the
creation of a viable Development Community in Southern Africa; MINDFUL of the different levels of economic development of the Member
States of the Community and the need to share equitably the benefits of
regional economic integration; COMMITTED to linking the liberalisation of trade to a process of viable
industrial development, as well as co-operation in finance, investment and
other sectors; NOTING the provisions of the Abuja Treaty calling for the establishment of
regional and sub-regional economic groupings as building blocs for the
creation of the African Economic Community; MINDFUL of the results of the Uruguay Round of Multilateral Trade
Negotiations on global trade liberalisation; RECOGNISING the obligations of Member States in terms of existing regional
trade arrangements and bilateral trade agreements; Hereby agree as follows: PART ONE
DEFINITIONS AND OBJECTIVES ARTICLE 1
DEFINITIONS
|"Annex" |means a legal instrument of implementation of|
| |this Protocol, which forms an integral part |
| |thereto, and has the same legal force; |
|"Community" |means the Organisation as defined in Article |
| |1 of the SADC Treaty; |
|"Conformity |means any procedure used, directly or |
|Assessment" |indirectly, to determine that a technical |
| |regulation or standard is fulfilled, |
| |including sampling, testing, inspection, |
| |evaluation, verification, monitoring, |
| |auditing, accreditation, registration or |
| |approval used for such a purpose, but does |
| |not mean an approval procedure; |
|"Council" |means Council of Ministers as defined in |
| |Article 1 of the SADC Treaty; |
|"CMT" |means the Committee of Ministers responsible |
| |for trade matters; |
|"Dumping" |means, in accordance with the provisions of |
| |Article VI of GATT(1994), the introduction of|
| |a product into the commerce of another |
| |country at less than its normal value, if the|
| |price of the product exported from one |
| |country to another is less than the |
| |comparable price in the ordinary course of |
| |trade, for the like product when destined for|
| |consumption in the exporting country; |
|"Export Duties" |means any duties or charges of equivalent |
| |effect imposed on, or in connection with, the|
| |exportation of goods from any Member State to|
| |a consignee in another Member State; |
|"High Contracting |means States as defined in Article 1 of the |
|Parties" |Treaty; |
|"Import Duties" |means Customs duties or charges of equivalent|
| |effect imposed on, or in connection with, the|
| |importation of goods consigned from any |
| |Member State to a consignee in another Member|
| |State; |
|"Member State" |means a Member State as defined in Article 1 |
| |of the Treaty. |
|"Non-Tariff Barrier" |means any barrier to trade other than import |
|(NTB) |and export duties; |
|"Originating goods" |means goods of a Member State as provided for|
| |in Annex I on Rules of Origin; |
| | |
|"Protocol" |means this instrument of implementation of |
| |the Treaty and includes any Annex or |
| |amendment thereof which form an integral part|
| |thereof; |
| | |
|"Provisional Safeguard|means measures imposed in accordance with |
| |Article 20 bis of this Protocol; |
|Measures" | |
|"Quantitative |means prohibitions or restrictions on imports|
|Restrictions" |into, or exports from a Member State whether |
| |made effective through quotas, import |
| |licences, foreign exchange allocation |
| |practices or other measures and requirements |
| |restricting imports or exports; |
|"Region" |means Region as defined in Article 1 of the |
| |Treaty; |
|"Safeguard measures" |means measures imposed in accordance with |
|