Draft Pan-African Investment Code (2016)
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2. Member States shall co-operate with each other in addressing any impediment to the application of the rules contained in this Code.

3. Member States shall publish all relevant measures of general application, which pertain to, or affect the application of the rules contained in this Code.

4. Member States are encouraged to respond promptly to all requests by other Member States for specific information on measures related to investments under this Code.

5. In order to ensure the participation of all Member States in the implementation of this Code, there will be a transition period to provide Member States the necessary flexibility to address developmental needs and other economic concerns that they face to reduce disparities in the effect of implementation of this Code.

Article 46. Co-operation and Technical Assistance

Member States may, in order to facilitate the implementation of this Code, co-operate to provide technical assistance.

Article 47. Role of the African Union Commission and the Regional Economic Communities

1. The African Union Commission and the Regional Economic Communities shall co- operate on investment and other related matters.

2. The African Union Commission and the Regional Economic Communities shall design and develop programs to assist Member States, in the promotion and facilitation of investment.

Article 48. Non-retroactiyity

This Code does not create retroactive obligations or responsibilities for Member States or investors.

Article 49. Amendments and Revisions

1. Member States may submit proposals for the amendment or revision of this Code.

2. Any such amendment or revision shall be governed by the internal rules and procedures of the African Union Commission.

Article 50. Implementation Structure

The African Union Commission shall identify and establish the relevant mechanisms for the purpose of assisting Member States in the adoption of the rules contained in this Code within their national legislation and international investment agreements

Article 51. Adoption and Publication

1. This Code shall come into effect upon adoption by the Assembly of Heads of State and Goverment of the African Union.

2. This Code shall be published by the African Union Commission, in accordance with its relevant internal rules and procedures.

3. This Code shall be published in the African Union official languages: Arabic, English, French and Portuguese.

Article 52. Authentic Text

1. The original text of this Code is English.

2. This Code is drawn up in four (4) texts in the Arabic, English, French and Portuguese languages, all four (4) being equally authentic.

Conclusion

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  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1 Objective 1
  • Article   2 Scope 1
  • Article   3 Relationship with other Investment Agreements 1
  • Article   4 Definitions 1
  • Chapter   2 STANDARDS OF TREATMENT OF INVESTORS AND INVESTMENTS 1
  • Article   5 Admission and Establishment 1
  • Article   6 Encouragement and Support of Investments 1
  • Article   7 Most-Favored-Nation Treatment 1
  • Article   8 Exceptions to Most-Favored-Nation Treatment 1
  • Article   9 National Treatment 1
  • Article   10 Exceptions to National Treatment 1
  • Article   11 Expropriation and Compensation 1
  • Article   12 Determination of the Value of Compensation 1
  • Article   13 War and Civil Disturbance 1
  • Article   14 General Exceptions 1
  • Article   15 Transfer of Funds 1
  • Article   16 Exceptions to the Transfer of Funds 2
  • Chapter   3 DEVELOPMENT RELATED ISSUES 2
  • Article   17 Performance Requirements 2
  • Article   18 Lists of Scheduled Investment Sectors 2
  • Chapter   4 INVESTORS OBLIGATIONS 2
  • Article   19 Framework for Corporate Governance 2
  • Article   20 Socio-political Obligations 2
  • Article   21 Bribery 2
  • Article   22 Corporate Social Responsibility 2
  • Article   23 Obligations as to the Use of Natural Resources 2
  • Article   24 Business Ethics and Human Rights 2
  • Chapter   5 INVESTMENT RELATED ISSUES 2
  • Article   25 Intellectual Property Rights and Traditional Knowledge 2
  • Article   26 State Contracts 2
  • Article   27 Public Private Partnership 2
  • Article   28 Competition Law and Policy 2
  • Article   29 Transfer of Technology 2
  • Article   30 Environment and Technologies 2
  • Article   31 Banking Law and Policy 2
  • Article   32 Foreign Exchange Controls 2
  • Article   33 Prudential Measures 2
  • Article   34 Labor Issues 2
  • Article   35 Foreign Workers and Visa Requirements 2
  • Article   36 Human Resources Development 2
  • Article   37 Environment 2
  • Article   38 Cultural Diversity 2
  • Article   39 Taxation 2
  • Article   40 Consumer Protection 2
  • Chapter   6 DISPUTE SETTLEMENT 2
  • Article   41 State-State 2
  • Article   42 Investor-State 2
  • Article   43 Counterclaims by Member States 2
  • Article   44 Applicable Law In Disputes 2
  • Chapter   7 PROCEDURAL ISSUES AND INSTITUTIONAL ARRANGEMENTS 2
  • Article   45 Application 2
  • Article   46 Co-operation and Technical Assistance 3
  • Article   47 Role of the African Union Commission and the Regional Economic Communities 3
  • Article   48 Non-retroactiyity 3
  • Article   49 Amendments and Revisions 3
  • Article   50 Implementation Structure 3
  • Article   51 Adoption and Publication 3
  • Article   52 Authentic Text 3