Cameroon - United Kingdom FCN (1963)

Title

CAMEROON

Treaty Series No. 66 (1963)

Agreement

On Commercial and Economic Co-operation

Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal Republic of Cameroon

With Protocol and Exchange of Letters

London, July 29, 1963

[The Agreement entered into force on signature] 1

Presented to Parliament by the Secretary of State for Foreign Affairs by Command of Her Majesty.

August 1963

LONDON

HER MAJESTY'S STATIONERY OFFICE

ONE SHILLING NET

Cmnd. 2133

F

AGREEMENT ON COMMERCIAL AND ECONOMIC CO-OPERATION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF CAMEROON

Preamble

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal Republic of Cameroon;

Being desirous of strengthening the traditional bonds of friendship between their two countries, of extending commercial and economic relations and of promoting economic co-operation and encouraging investment;

Have agreed as follows: —

Body

Article I. Expansion of Trade

The Contracting Governments resolve to encourage the maintenance and expansion of the import and export trade between their two countries.

Article II. Quantitative Restrictions on Imports

To this end it is the intention of each Government to maintain the existing freedom from quantitative restrictions affecting imports from the other country, and, where possible, to extend it.

Article III. Commercial Information

The Contracting Governments shall, so far as possible, make available to each other on demand information about their mutual trade, including import and export statistics relating to this trade.

Article IV. Shipping

(1) The Contracting Governments shall refrain from discriminatory action and unnecessary restrictions affecting shipping engaged in trade with their two countries and will in particular refrain from action tending to hinder the participation of the shipping of either flag in such trade.

(2) Each Contracting Government shall refrain from action tending to hinder the freedom of the other Contracting Government or of its nationals, concerns, associations or companies to charter, for the purpose of trade, ships flying its flag.

(3) Payments for shipping services shall be made in convertible currency and shall be freely transferable.

Article V. Protection of Investments

(1) Within the framework of national legislation in force on the date of signature of this Agreement relating to investment each Contracting Government shall accord to investments, real property, rights and interests owned by, or held indirectly by, nationals, concerns, associations or companies of the other country in its territory fair and equitable treatment.

(2) Nationals, concerns, companies and associations of one country shall only be subjected to expropriation in the other on the grounds of public interest. If one of the Contracting Governments expropriates or nationalises or takes any other confiscatory measures against the property, rights or interests of the nationals, concerns, associations or companies of the other country it shall, in accordance with international law, make provision for the payment of adequate and effective compensation. Such compensation shall be paid without undue delay to those entitled to it. Measures of expropriation, nationalisation or confiscation shall not be discriminatory or contrary to a specific undertaking.

Article VI. Arbitration

(1) If a dispute arises out of the interpretation or application of the provisions of Article V of this Agreement either Contracting Government may give formal notice to the other that such a dispute has arisen. If such dispute is not satisfactorily settled through diplomatic channels or by the Mixed Commission provided for in Article IX of this Agreement within six months of the date of such notice, it may, at the request in writing of either Contracting Government addressed to the other be submitted to an arbitral tribunal consisting of three members. Each Contracting Government will appoint one arbitrator. The two arbitrators so appointed will appoint a national of a third country as a third arbitrator, who shall be chairman.

(2) If one Contracting Government has not appointed its arbitrator within two months of the date of the request of the other Contracting Government that the dispute be submitted to arbitration, the arbitrator may, at the request of the latter Contracting Government, be appointed by the President of the International Court of Justice.

(3) If the two arbitrators cannot agree on the choice of a third arbitrator within a period of two months of the date on which the second arbitrator was nominated, the third arbitrator may at the request of either Contracting Government be appointed by the President of the International Court of Justice.

(4) If the President of the International Court of Justice is prevented from acting in the circumstances envisaged in paragraphs (2) and (3) of this Article or if he is a national of the State of either Contracting Government, the nominations will be made by the Vice-President, If the Vice-President is prevented from acting or is a national of the State of either Contracting Government, the nominations will be made by the senior member of the Court who is not a national of the State of either Contracting Government.

(5) Unless the Contracting Governments otherwise decide, the tribunal will determine its own procedure.

(6) Decisions of the arbitration tribunal will be taken by a majority vote and will be binding on the Contracting Governments. No appeal shall lie against decisions of the tribunal, which shall be final.

(7) Each Contracting Government will bear the costs of the activity of the arbitrator whom it has appointed or who has been appointed on its behalf under paragraph (2) of this Article. The cost of the third arbitrator will be shared equally between the two Contracting Governments.

Article VII. Operation of Undertakings and Companies

(1) Each Contracting Government shall accord in its own territory to industrial and commercial undertakings and companies of the other country, within the framework of its laws and regulations, the legal protection necessary to ensure the secure operation of such undertakings and companies.

(2) Subject to national legislation giving preferential treatment to certain countries each. Contracting Government shall accord in its territory to industrial and commercial undertakings and companies of the other country treatment in all respects not otherwise provided for in this Agreement no less favourable than that accorded to undertakings and companies of any other foreign country.

Article VIII. Exhibitions

Each Contracting Government shall authorise, each in its own territory, and within the limits prescribed by its laws, economic and commercial exhibitions and displays. '

Article IX. Mixed Commission

A Mixed Commission, composed of representatives of the Contracting Governments, shall supervise the operation of this Agreement. The Commission shall, at the request of either Contracting Government, study any proposals for the improvement of commercial relations or any other matter relating to the implementation of this Agreement.

Article X. Entry Into Force and Duration

The present Agreement shall enter into force on the date of signature and be valid for one year. Thereafter it shall continue in force until the expiration of three months from the date on which either of the Contracting Governments shall have announced its intention of terminating it.

Conclusion

In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

Done in duplicate at London this 29th day of July, 1963, in the English and French languages, both texts being equally authoritative.

For the Government of the United For the Government of the Federal Kingdom of Great Britain and Republic of Cameroon: V. KANGA

Northern Ireland: ALAN GREEN

Attachments

PROTOCOL

Having signed the Agreement on Commercial and Economic Co-operation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal Republic of Cameroon, the Contracting Governments have, in addition, agreed as follows:

The Government of the United Kingdom of Great Britain and Northern Ireland shall extend duty-free entry to tea and tropical hardwoods originating in and consigned from West Cameroon for the period 1st October, 1963, to 31st December, 1963, on the understanding that wider arrangements are made under the auspices of the General Agreement on Tariffs and Trade by which the Government of the United Kingdom of Great Britain and Northern Ireland will suspend duties on imports of these two products from all sources.

In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol.

Done in duplicate at London this 29th day of July, 1963, in the English and French languages, both texts being equally authoritative.

For the Government of the United For the Government of the Federal Kingdom of Great Britain and Republic of Cameroon:

Northern Ireland:

ALAN GREEN

V. KANGA