2. The Parties shall publish their laws, or otherwise make publicly available their laws, regulations and administrative rulings of general application. The Parties agree that it is important to respond to specific questions on their laws and regulations and to provide, upon request, clarification to each other on such matters.
3. The Parties shall, no later than five years after the entry into force of this Agreement, hold consultations in the Joint Committee to consider possible steps to be taken with a view to mutually liberalizing their procurement markets. If a Party grants to a non-Party, after the entry into force of this Agreement, better conditions than under this Agreement with regard to access to its procurement markets, it shall afford adequate opportunity to the other Parties to seek to obtain, including through possible negotiations, comparable conditions, on a reciprocal basis.
Chapter V. Economic Co-operation and Technical Assistance
Article 30. Objectives and Scope
1. The Parties declare their readiness to foster economic co-operation on mutually agreed terms and in accordance with their national policy objectives.
2. The EFTA States shall provide technical assistance to the SACU States in order to:
(a) facilitate the implementation of the overall objectives of this Agreement, in particular to enhance trading and investment opportunities arising from this Agreement;
(b) support the SACU States' own efforts to achieve sustainable economic and social development.
3. Assistance by the EFTA States shall focus on sectors affected by the process of liberalisation and restructuring of the economy of the SACU States as well as on sectors likely to bring the economies of the EFTA States and the SACU States closer together, particularly those generating growth and employment.
Article 31. Methods and Means
1. The Parties shall co-operate with the objective of identifying and employing the most effective methods and means for the implementation of this Chapter. To this end, they shall co-ordinate efforts with relevant international organisations.
2. Conservation of the environment shall be taken into account in the implementation of assistance in the various sectors to which it is relevant.
3. Means of assistance may include:
(a) exchange of information, transfer of expertise and training;
(b) implementation of joint actions such as seminars and workshops; and
(c) technical and administrative assistance.
Article 32. Fields of Co-operation
1. In order to facilitate the implementation of this Agreement the Parties shall agree on appropriate modalities for technical assistance and co-operation between their respective authorities. To this end, they shall co-ordinate efforts with relevant international organisations.
2. Assistance may cover targeted fields jointly identified by the Parties that may serve to enhance the SACU States' capacities to benefit from increased international trade and investment, including in particular:
(a) trade policy, trade facilitation and trade promotion;
(b) customs and origin matters;
(c) technical regulations, standards and conformity assessment as well as sanitary and phytosanitary measures;
(d) local enterprise development; and
(e) regulatory assistance and implementation of laws in areas such as services, investment, intellectual property and public procurement.
3. Technical assistance in the fields referred to in paragraph 2(c) shall be provided on such matters as capacity building, infrastructure development, enhanced participation in international standards setting activities and improvement of risk assessment.
4. The Government of Norway, as the Depositary by virtue of Article 44, shall seek to co-operate with the SACU Secretariat in order to build capacity in the SACU Secretariat relating to all the functions of a depositary.
Chapter VI. Institutional and Procedural Provisions
Article 33. The Joint Committee
1. The implementation of this Agreement shall be supervised and administered by a Joint Committee. Each Party shall be represented in the Joint Committee. The Joint Committee shall be jointly chaired by a representative of an EFTA State and a representative of a SACU State.
2. For the purpose of the proper implementation of this Agreement, the Parties shall exchange information and, at the request of a Party, shall hold consultations within the Joint Committee on any matter concerning the interpretation or application of this Agreement. The Joint Committee may review the possibility of further removing obstacles to trade between the Parties.
3. The Joint Committee may take decisions in the cases provided for in this Agreement. On other matters, the Joint Committee may make recommendations to the Parties.
Article 34. Procedures of the Joint Committee
1. The first meeting of the Joint Committee shall be held not later than one year after the entry into force of this Agreement. For the proper implementation of this Agreement, the Joint Committee shall, upon request of a Party, thereafter meet whenever necessary, but at least once every two years.
2. The Joint Committee shall act by consensus.
3. If a representative of a Party in the Joint Committee has accepted a decision subject to the fulfillment of constitutional requirements, the decision shall enter into force, if no later date is contained therein, on the date of receipt of the notification of the fulfillment of the necessary constitutional requirements.
4. For the purpose of this Agreement, the Joint Committee shall adopt its rules of procedure which shall, inter alia, contain provisions for convening meetings and for the designation of the Joint Chairpersons and their term of office.
5. The Joint Committee may decide to set up such sub-committees and working parties as it considers necessary to assist it in accomplishing its tasks.
Article 35. Consultations
1. The Parties shall take all necessary measures to ensure the fulfillment of their obligations under this Agreement. Should any divergence with respect to the interpretation and application of this Agreement arise, the Parties shall make every attempt through co-operation and consultations to arrive at a mutually satisfactory resolution.
2. A Party may request in writing consultations with another Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Agreement. The Party requesting consultations shall at the same time notify the other Parties in writing thereof and supply all relevant information.
3. The consultations shall take place in the Joint Committee, if a Party so requests, within 20 days from the receipt of the notification referred to in paragraph 2, with a view to finding a mutually satisfactory solution.
Article 36. Provisional Measures
If a Party considers that another Party has failed to fulfil an obligation under this Agreement and the Joint Committee has failed to arrive at a mutually satisfactory solution within 90 days from the date of receipt of the request for consultations in the Joint Committee, the Party concerned may take such provisional rebalancing measures as are appropriate and strictly necessary to remedy the imbalance. Priority shall be given to such measures that will least disturb the functioning of this Agreement. The measures taken shall be notified immediately to the other Parties and to the Joint Committee, which shall hold regular consultations with a view to their abolition. The measures shall be abolished when conditions no longer justify their maintenance, or, if the dispute is submitted to arbitration, when an arbitral award has been rendered and complied with.
Article 37. Arbitration
1. Disputes between Parties, relating to the interpretation of rights and obligations of the Parties under this Agreement, which have not been settled, pursuant to Article 35, through direct consultations or in the Joint Committee within 90 days from the date of the receipt of the written request for consultations, may be referred to arbitration by one or more parties to the dispute by means of a written notification addressed to the Party complained against. A copy of this notification shall be communicated to all Parties.
2. Disputes on the same matter arising under both this Agreement and the WTO Agreement may be settled in either forum at the discretion of the complaining Party. The forum thus selected shall be used to the exclusion of the other. Before a Party initiates dispute settlement proceedings under the WTO Agreement against another Party or Parties, that Party shall notify all other Parties of its intention to do so.
3. The arbitral tribunal shall comprise three members. Each party to the dispute shall, within 30 days from the date of receipt of notification, nominate an arbitrator and the two arbitrators shall, within 30 days from the date of the last nomination, appoint a third arbitrator who will be the Chairperson of the arbitral tribunal. The Chairperson shall not be a national of either party to the dispute, nor permanently reside in the territory of either party to the dispute. If more than one EFTA State or more than one SACU State are parties to a dispute, these parties shall jointly nominate one arbitrator.
4. In case either party to the dispute fails to nominate its arbitrator or the nominated arbitrators fail to agree on a third member within the period specified in paragraph 3, each party to the dispute may request the President of the International Court of Justice to make the necessary appointment.
5. The arbitral tribunal shall settle the dispute in accordance with the provisions of this Agreement and the customary rules of interpretation of public international law.
6. Unless otherwise specified in this Agreement or agreed between the parties to the dispute, the Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration, effective 20 October 1992, shall apply.
7. A Party that is not a party to the dispute, on delivery of a written notice to the disputing parties, shall be entitled to receive written submissions of the disputing parties and attend all hearings as observer.
8. The arbitral tribunal shall take its decisions by majority vote.
9. The expenses of the arbitral tribunal, including the remuneration of its members, shall normally be borne by the parties to the dispute in equal shares. The arbitral tribunal may, however, at its discretion decide that a higher proportion of the expenses be paid by one of the parties to the dispute, taking into account, inter alia, the financial situations of the Parties involved.
10. This Article shall not apply to Article 15 and Chapters III and IV.
Chapter VII. Final Provisions
Article 38. Evolutionary Clause
1. The Parties undertake to review this Agreement in light of further developments in international economic relations, inter alia in the framework of the WTO, and to examine the possibility of further developing and deepening the co-operation under this Agreement and to extend it to areas not covered therein. The Parties may instruct the Joint Committee to examine this possibility and, where appropriate, to make recommendations to them, particularly with a view to opening up negotiations.
2. Revisions, additions or amendments to this Agreement resulting from the procedure referred to in paragraph 1 shall be done in accordance with the provisions of Article 40.
Article 39. Annexes
The Annexes to this Agreement are an integral part of it. The Joint Committee may, subject to the respective constitutional requirements of the Parties, decide to amend the Annexes.
Article 40. Amendments
1. Any Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and approval.
2. Amendments to this Agreement shall, after approval by the Joint Committee, be submitted to the Parties for ratification, acceptance or approval in accordance with their respective constitutional requirements.
3. Unless otherwise agreed by the Parties, amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.
4. The text of the amendments shall be deposited with the Depositary.
5. The amendment procedure provided for in this Article shall not apply to the amendment of Annexes referred to in Article 39.
Article 41. Accession
1. Any State, becoming a Member of the European Free Trade Association, or any State, becoming a Member of the Southern African Customs Union, may accede to this Agreement, on terms and conditions to be agreed upon by the Parties. The instrument of accession shall be deposited with the Depositary. 2. In relation to an acceding State, this Agreement shall enter into force on the first day of the third month following the deposit of its instrument of accession, or the approval of the terms of accession by the existing Parties, whichever is later.
Article 42. Withdrawal and Termination
1. A Party may withdraw from this Agreement by means of a written notification to the Depositary. The withdrawal shall take effect six months after the date on which the notification is received by the Depositary.
2. Any EFTA State which withdraws from the Convention Establishing the European Free Trade Association shall ipso facto on the same day as the withdrawal takes effect cease to be a Party to this Agreement.
3. Any SACU State which withdraws from the SACU Agreement shall ipso facto on the same day as the withdrawal takes effect cease to be a Party to this Agreement.
4. If all the EFTA States withdraw or if SACU withdraws in accordance with paragraph 1, this Agreement shall be terminated.
Article 43. Entry Into Force
1. This Agreement is subject to ratification, acceptance or approval in accordance with the respective constitutional requirements of the Parties. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. If its constitutional requirements permit, any EFTA State or SACU State may apply this Agreement provisionally. Provisional application of this Agreement under this paragraph shall be notified to the Depositary.
3. This Agreement shall enter into force on 1 July 2006, provided all the Parties have deposited their instruments of ratification, acceptance or approval with, or notified provisional application to, the Depositary at least one month before this date.
4. In case this Agreement does not enter into force on 1 July 2006 it shall enter into force on the first day of the second month following the date on which the last Party has deposited its instrument or notified provisional application.
Article 44. Depositary
1. The Government of Norway shall act as Depositary.
2. An original copy of this Agreement shall be lodged with the SACU Secretariat.
3. The SACU Secretariat shall co-ordinate the actions of the SACU States in fulfilment of the terms of Articles 40 to 43.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.
Done in two originals in the English language, one of which shall be deposited with the Government of Norway and the other shall be lodged with the SACU Secretariat. The Depositary shall transmit certified copies to all the Parties.
Done at this day of 2006
For the Republic of Iceland
Done at this day of 2006
For the Principality of Liechtenstein
Done at this day of 2006
For the Kingdom of Norway
Done at this day of 2006
For the Swiss Confederation
Done at this day of 2006
For the Republic of Botswana
Done at this day of 2006
For the Kingdom of Lesotho
Done at this day of 2006
For the Republic of Namibia
Done at this day of 2006
For the Republic of South Africa
Done at this day of 2006
For the Kingdom of Swaziland