Petroleum operations activities
(25) Law No. 99/013 of 22 December 1999, on a gas code
Under this law, natural persons or enterprises, including owners of the soil, wishing to engage in petroleum operations, must obtain prior authorization from the State, in accordance with legislative and regulatory provisions.
Mining activities
(26) Law No. 2001/001 of 16 2001, on a mining code, and
Decree No. 2002/648/PM of 26 March 2002, to set out the terms and conditions of Law No. 2001/001 of 16 April 2001, on a mining code
Under this law and its implementation decree, natural persons or enterprises wishing to engage in a mining activity are required to obtain a reconnaissance licence or mining title issued under the conditions set out in the Law.
Under this legislation, only Cameroonian nationals may engage in artisanal mining.
In the interest of the State, the Minister of Mines may exclude any land or mineral substance from research, industrial mining or artisanal mining.
Attachments
Annex II
Reservations for Future Measures
Schedule of Canada
In accordance with paragraph 3 of Article 16 (Reservations and Exceptions) of this Agreement, Canada reserves the right to adopt or maintain any measure that does not conform to the obligations set out below with respect to the following sectors or matters:
- Social services (i.e. public law enforcement; correctional services; income security or insurance; social security or insurance; social welfare; public education; public training; health and child care), where the measure does not comply with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel) of this Agreement;
- The rights or preferences provided to aboriginal peoples, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (Most-Favoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement;
- The rights or preferences provided to socially or economically disadvantaged minorities, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement;
- Residency requirements for ownership of oceanfront land, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) of this Agreement;
- Government securities (i.e. acquisition, sale or other disposition by nationals of the other Party of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada, a province or local government), where the measure does not conform with the obligations imposed by Article 4 (National Treatment) of this Agreement;
- Maritime cabotage, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (MostFavoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement. Maritime cabotage means (a) the transportation of either goods or passengers by ship between points in the territory of Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of either goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and (b) the engaging by ship in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf of Canada, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada;
- Licensing fishing or fishing-related activities, including entry of foreign fishing vessels to Canadas exclusive economic zone, territorial sea, internal waters or ports and use of any services therein, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 5 (Most-Favoured-Nation Treatment) of this Agreement;
- Telecommunications services, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel) of this Agreement, by limiting foreign investment in facilities-based telecommunications service suppliers, requiring that such service suppliers be controlled in fact by a Canadian, requiring that at least 80 percent of the members of the board of directors of such suppliers be Canadian, and imposing cumulative foreign investment level restrictions; and
- The establishment or acquisition in Canada of an investment in the services sector, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement, provided that the measure is consistent with Canadas obligations under Articles II, XVI, XVII and XVIII of the WTO General Agreement on Trade in Services.
Schedule of the Republic of Cameroon
In accordance with paragraph 3 of Article 16 (Reservations and Exceptions) of this Agreement, the Republic of Cameroon reserves the right to adopt or maintain any measure that does not conform to the obligations set out below with respect to the following sectors or matters:
- Social services (i.e. public law enforcement; correctional services; income security or insurance; social security or insurance; social welfare; public education; public training; health and child care), where the measure does not comply with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel) of this Agreement;
- The rights or preferences provided to aboriginal peoples, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (Most-Favoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement, and it is understood that the proportion of aboriginal peoples in the Republic of Cameroon is similar to that in Canada;
- The rights or preferences provided to socially or economically disadvantaged minorities, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement, and it is understood that the proportion of socially or economically disadvantaged minorities in the Republic of Cameroon is similar to that in Canada;
- Government securities (i.e. acquisition, sale or other disposition by nationals of the other contracting parties of either bonds, treasury bills or other kinds of debt securities issued by the Republic of Cameroon or a sub-national government) where the measure does not conform with the obligations imposed by Article 4 (National Treatment) of this Agreement;
- Maritime cabotage, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (MostFavoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement. Maritime cabotage means (a) the transportation of either goods or passengers by ship between points in the territory of the Republic of Cameroon or above the continental shelf of the Republic of Cameroon, either directly or by way of a place outside the Republic of Cameroon; but with respect to waters above the continental shelf of the Republic of Cameroon, the transportation of either goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of the Republic of Cameroon; and (b) the engaging by ship in any other marine activity of a commercial nature in the territory of the Republic of Cameroon and, with respect to waters above the continental shelf of the Republic of Cameroon, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of the Republic of Cameroon;
- Licensing fishing or fishing-related activities, including entry of foreign fishing vessels to the Republic of Cameroons exclusive economic zone, territorial sea, internal waters or ports and use of any services therein, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 5 (Most-Favoured-Nation Treatment) of this Agreement;
- The establishment or acquisition in the Republic of Cameroon of an investment in the services sector, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement, provided that the measure is consistent with the Republic of Cameroons obligations under Articles II, XVI, XVII and XVIII of the WTO General Agreement on Trade in Services.
Attachments
Annex III
Exceptions from Most-Favoured-Nation Treatment
1. Article 5 shall not apply to treatment accorded under all bilateral or multilateral international agreements in force or signed prior to the date of entry into force of this Agreement.
2. Article 5 shall not apply to treatment by a Party pursuant to any existing or future bilateral or multilateral agreement:
(a) establishing, strengthening or expanding a free trade area or customs union; or
(b) relating to:
(i) aviation,
(ii) fisheries, or
(iii) maritime matters, including salvage.
3. For greater certainty Section C (Settlement of Disputes between an Investor and the Host Party) shall not be subject to most-favoured-nation treatment.
A decision by Canada following a review of the Investment Canada Act shall not be subject to the dispute settlement provisions under Section C (Settlement of Disputes between an Investor and the Host Party) or Section D (State-to-State Dispute Settlement Procedures) of this Agreement.