Title

TRADE AND INVESTMENT FRAMEWORK AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES

Preamble

The Government of the United States of America and the Economic Community of West African States (individually a "Party" and collectively the "Parties"):

Desiring to enhance the bonds of friendship and spirit of cooperation, to expand trade and investment, and to strengthen economic relations between the United States of America and the Economic Community of West African States ("ECOWAS");

Reaffirming their shared commitment to support regional integration;

Recognizing the importance of fostering an open and predictable environment for international trade and investment;

Recognizing the benefits the Parties can derive from increased international trade and investment, and that trade-distorting investment measures and protectionist trade barriers can reduce these benefits;

Seeking to promote transparency and the elimination of bribery and corruption in international trade and investment;

Recognizing the essential role of private investment, both domestic and foreign, in furthering growth, creating jobs, expanding trade, improving technology, and enhancing economic development;

Recognizing the increased importance of trade in services between the Parties and among the ECOWAS Member States;

Taking into account the desirability of significantly reducing non-tariff trade barriers in order to facilitate increased trade between the Parties and among the ECOWAS Member States;

Recognizing the importance of providing adequate and effective protection and enforcement of intellectual property rights and of membership in and adherence to intellectual property rights conventions by the United States and the Member States of ECOWAS;

Recognizing the importance to the United States and the Member States of ECOWAS of respecting, promoting and realizing in their respective laws and practices the fundamental labor rights as enumerated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998); and of ensuring the effective enforcement of their respective labor laws;

Recognizing the importance to the United States and the Member States of ECOWAS of protecting and preserving the environment in accordance with their respective environmental laws, and of ensuring the effective enforcement of their respective environmental laws; and desiring to ensure that trade and environmental policies are mutually supportive in the furtherance of sustainable development;

Desiring to promote business relations by encouraging and facilitating contacts between enterprises and other private sector groups in the United States and those in the Member States of ECOWAS;

Acknowledging the desirability of resolving trade and investment problems between the Parties as expeditiously as possible;

Noting that the United States and most Member States of ECOWAS are Members of the WTO and affirming that this Agreement is without prejudice to the rights and obligations of the United States and the Member States of ECOWAS under the agreements, understandings, and other instruments related to or concluded under the auspices of the WTO;

Recognizing the importance of the multilateral trading system, and desiring to reinforce that system;

Seeking to create a mechanism for further dialogue on initiatives for expanding trade and investment between the Parties and among the ECOWAS Member States through enhanced cooperation and more comprehensive agreements,

HAVE AGREED as follows:

Body

Chapter I. OBJECTIVES

Article One.

The Parties affirm their desire to promote an attractive investment climate and to expand and diversify trade in products and services between the Parties.

Chapter II. COUNCIL ON TRADE AND INVESTMENT

Article Two.

1. The Parties hereby establish a United States-ECOWAS Council on Trade and Investment ("Council"), comprising representatives of each Party. The ECOWAS side shall be chaired by the ECOWAS Commission and may be assisted by officials of other relevant ECOWAS entities. The United States' side shall be chaired by the Office of the U.S. Trade Representative ("USTR") and may be assisted by officials of other U.S. government entities.

2. The Council shall meet at such times, in such places, and through such means as the Parties may decide. The Parties shall endeavor to meet no less than once a year.

3. The Council may establish ad hoc working groups in order to facilitate its work. Such groups shall report to the Council at such times as the Council may determine.

Article Three.

The Council shall:

1. review and discuss trade and investment relations between the Parties, identify opportunities for expanding trade and investment, and identify relevant issues, such as, but not limited to, those related to strengthening the rule of law and promoting transparent and corruption-free public institutions, to the protection of intellectual property rights and the environment, and to the protection of worker rights and other labor matters, that may be appropriate for negotiation in an appropriate forum;

2. consider specific trade and investment matters of interest to the Parties;

3. identify and work to remove impediments to trade and investment between the United States and the ECOWAS Member States; and

4. seek the advice of the private sector and civil society, where appropriate, on matters related to the Council's work.

Article Four.

A Party may refer a specific trade or investment matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered unless the requesting Party agrees to postpone discussion of the matter. Each Party shall endeavor to provide an opportunity for the Council to consider a matter before taking actions that could adversely affect trade or investment interests of the other Party.

Chapter III. GENERAL PROVISIONS

Article Five.

This Agreement shall be without prejudice to the laws, or to the rights and obligations under any other agreement, of either the United States or the Member States of ECOWAS.

Article Six.

The Parties may amend the Agreement by mutual consent in writing.

Article Seven.

Any Party may terminate this Agreement by providing written notice of termination to the other Party. The termination shall take effect on a date the Parties agree or, if the Parties cannot agree, 180 days after the date of the notice of termination.

Article Eight.

This Agreement shall enter into force on the date that the Parties notify each other that they have completed any internal procedures necessary for entry into force of this Agreement.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.

DONE at Washington, D.C., this 5th day of August 2014, in the English, French and Portuguese languages, each text being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

Michael B.G. Froman

United States Trade Representative 

FOR THE ECONOMIC COMMUNITY OF STATES:

Kadré Désiré Ouedraogo

President, ECOWAS Commission