-- Guarantees as to entry and movement of labour, freedom of employment and
The free choice of suppliers and services;
-- Guarantees as to the renewal of lumbering and mining permits;
-- Guarantees as to facilities in the use of hydraulic, electric and other resources
Necessary for operations and facilities for the evacuation of products to the place of shipment and the use of installations existing or those to be created by or for the undertaking at this place of shipment.
36. In addition, undertakings of cardinal importance to the economic and social development of the States of the Union and involving exceptionally high investments may be granted stabilisation of the special or ordinary fiscal provisions applicable to them.
37. The applications drawn up as provided by article 11 shall be submitted to the appropriate authorities of the State of establishment.
After the appropriate examination, enquiry and fuller investigation, the appropriate authorities of the State of establishment shall transmit to the Secretary General of the Union these applications and, as the case may be, the data concerning the project of the establishment convention accompanied by the presentation report as provided under article 13 of the Treaty.
38. The Secretary General of the Union shall where necessary undertake in liaison with the appropriate authorities of the State of establishment of fuller investigation of the application with a view to its transmission to the States, in conformity with the provisions of article 55 of the Treaty.
39. Where the Management Committee receives an application as provided under article 55 of the Treaty it shall decide as the case may be on the rate or rates of the single tax to be applied to the project and shall determine the benefits and guarantees to be granted to the undertaking.
Where necessary, it shall give its decision on the data of the establishment convention, the final draft of which it shall approve.
40. The draft of the convention thus approved shall be transmitted to the Government of the State of establishment for signature. The convention shall be made enforceable within the territory of the Union by a decision of the Management Committee.
Part V. Settlement of Disputes.
Chapter I. Procedure of Withdrawal.
41. In the case of serious deficiencies on the part of an undertaking with regard to the provisions of the decision of approval:
(1) The benefit of the advantages provided under either of schedules I or II may be withdrawn in accordance with the procedures established by the legislation of each nation.
(2) The benefit of the advantages laid down by either of schedules III or IV may be withdrawn by the Management Committee at the justifiable request of the state of establishment.
The Management Committee may seek the advice of a board of experts composed as follows:
-- An expert designated by the Government of the State of establishment,
-- An expert designated by the undertaking,
-- An expert designated by the Government of the State of establishment,
-- An expert designated by agreement between the aforesaid Government and the Undertaking.
Chapter II. Procedure for Appeal.
42. Undertakings which form the subject of a decision to withdraw approval may seek appeal.
In the case of an undertaking benefiting from the advantages provided under schedules I or II, the appeal shall be referred to an administrative court of the State of establishment within a maximum period of sixty days, with effect from the date of notification of the decision of withdrawal.
In the case of an undertaking benefiting from the advantages provided under schedules III or IV, the appeal shall be referred to the Council of Heads of State of the Union within a maximum period of ninety days with effect from the notification of the decision of withdrawal.
Chapter III. Arbitration.
43. Disputes arising out of the application of the clauses of an establishment convention and the calculation of any penalty due for nonfulfilment of the obligations assumed may be settled by arbitration the procedure for which shall be established by each convention.
Such procedure of arbitration shall always comprise the following provisions:
(a) The nomination of an arbitrator by each party;
(b) In the case of disagreement between the arbitrators, the nomination of a third arbitrator by agreement between the two parties or, in default thereof, by a highly qualified authority who shall be named in the convention;
(c) The final and binding nature of the award rendered by a majority of the arbitrators who shall determine their own procedure and decide cases in equity;
(d) Notwithstanding the foregoing provisions, in the case of undertakings, the initial capital of which was subscribed in the major part from abroad, the decision of approval may provide for a procedure of international arbitration in replacement of the above procedure.
44. Any disputes arising out of the application of the decisions of approval to the various schedules may if necessary be settled by the arbitration procedure laid down by article 43 above if the latter exists in the national legislation.
Part VI. Transitional Provisions.
45. Any preferential schemes and establishment conventions granted prior to the promulgation of this convention to undertakings operating in the States of the Union shall specifically remain in force.
Provided always that such schemes and conventions may, on the initiative either of the Government or the undertakings concerned, form the subject of negotiations with a view to their adaptation to the provisions of this convention.
The procedure to be followed shall be that defined by articles 37 to 44 above.
Conclusion
Yaounde, the 14th December 1965.
The President of the Federal Republic of Cameroon,
The President of the Central African Republic,
The President of the Republic of Congo,
The President of the Republic of Gabon,
The President of the Republic of Chad,