1. Member States shall accord to one another in relation to trade between them the most favoured nation treatment and in no case shall tariff concessions granted to a third country under an agreement with a Member State be more favourable than those applicable under this Treaty.
2. Copies of such agreements referred to in paragraph 1 of this Article shall be transmitted by the Member States which are parties to them, to the Executive Secretariat of the Community.
3. Any agreement between a Member State and a third country under which tariff concessions are granted, shall not derogate from the obligations of that Member State under this Treaty.
Article 21. INTERNAL LEGISLATION
Member States shall refrain from enacting legislation which directly or indirectly discriminates against the same or like products of another Member State.
Article 22. RE-EXPORTATION OF GOODS AND TRANSIT FACILITIES
1. Where customs duty has been charged and collected on any goods imported from a third country into a Member State such goods shall not be re-exported into another Member State except as may be permitted under a Protocol to this Treaty entered into by the Member States.
2. Where goods are re-exported under such a Protocol, the Member States from whose territory such goods are re-exported shall refund to the Member State into whose territory such goods are imported the customs duties charged and collected on such goods. The duties so refunded shall not exceed those applicable on such goods in the territory of the Member State into which such goods are imported.
3. Each Member State, in accordance with international regulations, shall grant full and unrestricted freedom of transit through its territory of goods proceeding to or from a third country indirectly through that territory to or from other Member States; and such transit shall not be subject to any discrimination, quantitative restrictions, duties or other charges levied on transit.
4. Notwithstanding paragraph 3 of this Article,
(a) goods in transit shall be subject to the customs law; and
(b) goods in transit shall be liable to the charges usually made for carriage and for any services which may be rendered, provided such charges are not discriminatory.
5. Where goods are imported from a third country into one Member State, each of the other Member States shall be free to restrict the transfer to it of such goods whether by a system of licensing and controlling importers or by other means.
6. The provisions of paragraph 5 of this Article shall apply to goods which, under the provisions of Article 15 of this Treaty, fail to be accepted as originating in a Member State.
Article 23. CUSTOMS ADMINISTRATION
Member States shall, upon the advice of the Trade, Customs, Immigration, Monetary and Payments Commission, take appropriate measures to harmonise and standardise their customs regulations and procedures to ensure the effective application of the provisions of this chapter and to facilitate the movement of goods and services across their frontiers.
Article 24. DRAWBACK
1. Member States may, at or before the end of the period of eight (8) years referred to in paragraph 3 of Article 13 of this Treaty, refuse to accept as eligible for Community tariff treatment, goods in relation to which drawback is claimed or made use of in connection with their exportation from the Member States in the territory of which the goods have undergone the last process of production.
2. For the purposes of this Article:
(a) " drawback" means any arrangement, including temporary duty-free admission, for the refund of all or part of the duties applicable to imported raw materials, provided that the arrangement, expressly or in effect, allows such refund or remission if goods are exported but not if they are retained for home use;
(b) " remission" includes exemption from duties for goods imported in to free ports, free zones or other places which have similar customs privileges; and
(c) " duties" means customs duties and any other charges with equivalent effect imposed on imported goods, except the non-protective element in such duties or charges.
Article 25. COMPENSATION FOR Loss OF REVENUE
1. The Council of Ministers shall, on the report of the Executive Secretary and recqmmendation by the appropriate Commission or Commissions, determine the compensation to be paid to a Member State which has suffered loss of import duties as a result of the application of this Chapter.
2. A protocol to be annexed to this Treaty shall state precisely the methods of assessment of the loss of revenue suffered by Member States as a result of the application of this chapter.
Article 26. SAFEGUARD CLAUSE
1. In the event of serious disturbances occurring in the economy of a Member State following the application of the provisions of this chapter, the Member State concerned shall after informing the Executive Secretary and the other Member States take the necessary safeguard measures pending the approval of the Council of Ministers.
2. These measures shall remain in force for a maximum period of one year. They may not be extended beyond that period except with the approval of the Council of Ministers.
3. The Council of Ministers shall examine the method of application of these measures while they remain in force.
Chapter IV . FREEDOM OF MOVEMENT AND RESIDENCE
Article 27. VISA AND RESIDENCE
1. Citizens of Member States shall be regarded as Community citizens and accordingly Member States undertake to abolish all obstacles to their freedom of movement and residence within the Community.
2. Member States shall by agreements with each other exempt Community citizens from holding visitors' visas and residence permits and allow them to work and undertake commercial and industrial activities within their territories.
Chapter V. INDUSTRIAL DEVELOPMENT AND HARMONIZATION
Article 28. GENERAL PRINCIPLES
For the purposes of this chapter, Member States shall achieve their industrial development and harmonization in the three stages as set out in Articles 29, 30 and 31.
Article 29. STAGE I. EXCHANGE OF INFORMATION ON MAJOR INDUSTRIAL PROJECTS
Member States undertake to:
(a) furnish one another with major feasibility studies and reports on projects within their territories;
(b) furnish one another, on request, reports on the performance of prospective technical partners who have developed similar projects in their territories;
(c) furnish one another, on request, reports on foreign business groups operating in their territories;
(d) furnish one another, on request, with reports on their experiences on industrial projects and to exchange industrial research information and experts;
(e) commission, where appropriate, joint studies for the identification of viable industrial projects for development within the Community; and
if) finance, where appropriate, joint research on the transfer of technology and the development of new products through the use of raw materials common in some or all of the Member States and on specific industrial problems.
Article 30. STAGE II. HARMONIZATION OF INDUSTRIAL INCENTIVES AND INDUSTRIAL DEVELOPMENT PLANS
Member States undertake to:
(a) harmonize their industrial policies so as to ensure a similarity of industrial climate and to avoid disruption of their industrial activities resulting from dissimilar policies in the fields of industrial incentives, company taxation and Africanisation; and
(b) co-operation with one another by exchanging their industrial plans so as to avoid unhealthy rivalry and waste of resources.
Article 31. STAGE III. PERSONNEL EXCHANGE, TRAINING AND JOINT VENTURES
Member States shall:
(a) exchange, as may be necessary, skilled, professional and managerial personnel in the operation of projects within the Community;
(b) provide places for training in their educational and technical institutions for Community citizens; and
(c) engage, where appropriate, in joint development of projects including those which entail the execution of complementary parts of such projects in different Member States.
Article 32. REMEDIAL MEASURES
1. The Council of Ministers shall keep under constant review in the implementation of the provisions of this Chapter, the disparity in the levels of industrial development of the Member States and may direct the appropriate Commission of the Community to recommend measures to remedy such disparity.
2. In the implementation of the aims of the Community, the Council of Ministers shall recommend measures designed to promote the industrial deVelopment of Member States and shall take steps to reduce gradually the Community's economic dependence on the outside world and strengthen economic relations among themselves.
3. The Council of Ministers shall further recommend measures designed to accelerate the industrial integration of the economies of the Member States.
Chapter VI. CO-OPERATION IN AGRICULTURE AND NATURAL RESOURCES
Article 33. CO-OPERATION AMONG MEMBER STATES
Member States shall co-operate as set out in this Chapter in the development of their natural resources particularly agriculture, forestry, animal husbandry and fisheries.
Article 34. STAGE I. HARMONISATION OF AGRICULTURAL POLICIES
1. Member States undertake to work towards the harmonisation of their internal and external agricultural policies in their relations with one another;
2. Member States shall exchange regularly information on experiments and results of research being carried out in their respective territories and on existing rural development programmes; and
3. Member States shall formulate, as appropriate, joint programmes for both basic and in-service training in existing institutions.
Article 35 . STAGE II. EVOLUTION OF A COMMON AGRICULTURAL POLICY
Member States undertake to take all measures necessary for the creation of a common policy especially in the fields of research, training, production, processing and marketing of the products of agriculture, forestry, animal husbandry and fisheries. For this purpose, the Industry, Agriculture and Natural Resources Commission shall, as soon as possible, after its establishment meet to make recommendations to the Council of Ministers for the harmonisation and exploitation of natural resources of the Member States.
Chapter VII. CO-OPERATION IN MONETARY AND FINANCIAL MATTERS
Article 36. CO-OPERATION IN MONETARY AND FISCAL MATTERS
1. It shall be the responsibility of the Trade, Customs, Immigration, Monetary and Payments Commission, among other things, to:
(a) as soon as practicable, make recommendations on the harmonisation of the economic and fiscal policies of the Member States;
(b) give its constant attention to the maintenance of a balance of payments equilibrium in the Member States; and
(c) examine developments in the economies of the Member States.
2. The recommendations of the Trade, Customs, Immigration, Monetary and Payments Commission under this Article shall be made to the Council of Ministers.
Article 37. SETTLEMENT OF PAYMENTS BETWEEN MEMBER STATES
The Trade, Customs, Immigration, Monetary and Payments Commission shall make recommendations to the Council of Ministers on the establishment, in the short term, of bilateral systems for the settlement of accounts between the Member States and, in the long term, of a multilateral system for the settlement of such accounts.
Article 38. COMMITTEE OF WEST AFRICAN CENTRAL BANKS
1. For the purpose of overseeing the system of payments within the Community, there is hereby established a Committee of West African Central Banks, which shall consist of the Governors of the Central Banks of the Member States or such other persons as may be designated by Member States. This Committee shall, subject to this Treaty, determine its own procedures.
2. The Committee of West African Central Banks shall make recommendations to the Council of Ministers from time to time on the operation of the clearing system of payments and on other monetary issues of the Community.
Article 39. MOVEMENT OF CAPITAL AND CAPITAL ISSUES COMMITTEE
1. For the purpose of ensuring the free flow of capital between the Member States consistent with the objectives of this Treaty, there is hereby established a Capital Issues Committee, which shall consist of representatives designated one each by the Member States and shall, subject to this Treaty, determine its own procedure.
2. The Member States, in designating their representatives referred to in paragraph 1 of this Article, shall designate persons with financial, commercial, banking or administrative experience or qualifications.
3. In the exercise of its functions under paragraph 1 of this Article, the Capital Issues Committee shall:
(a) seek to achieve the mobility of capital within the Community through the inter-locking of any capital markets and stock exchanges;
(b) ensure that stocks and shares floated in the territory of a Member State are quoted on the stock exchanges of the other Member States;
(c) ensure that nationals of a Member State are given the opportunity of acquiring stocks, shares and other securities or otherwise investing in enterprises in the territories of other Member States;
(d) establish a machinery for the wide dissemination in the Member States of stock exchange quotations of each Member State;
(e) organise and arrange the quotation of prices, timing, volume and conditions of issue of securities of new enterprises in the Member States;
if) ensure the unimpeded flow of capital within the Community through the removal of controls on the transfer of capital among the Member States in accordance with a time-table, to be determined by the Council Ministers; and
(g) seek to harmonise the rates of interest on loans prevailing in the Member States so as to facilitate the investment of capital from a Member State in profitable enterprises elsewhere within the Community.
4. The capital envisaged in the provisions of this Article is that of Member States or their citizens.
5. With regard to capital other than that referred to in paragraph 4 of this Article, the Capital Issues Committee shall determine its movement within the Community.
Chapter VIII. INFRASTRUCTURAL LINKS IN THE FIELDS OF TRANSPORT AND COMMUNICATIONS
Article 40. COMMON TRANSPORT AND COMMUNICATIONS POLICY
Member States undertake to evolve gradually common transport and communications policies through the improvement and expansion of their existing transport and communications links and the establishment of new ones as a means of furthering the physical cohesion of the Member States and the promotion of greater movement of persons, goods and services within the Community.
Article 41. ROADS
The Transport, Telecommunications and Energy Commission shall formulate plans for a comprehensive network of all-weather roads within the Community with a view to promoting social and unimpeded commercial intercourse between the Member States through the improvement of existing roads to, and the construction of new ones of international standards. In the formulation of these plans, the Transport, Telecommunications and Energy Commission shall give priority to a network of roads traversing the territories of the Member States.
Article 42. RAILWAYS
The Transport, Telecommunications and Energy Commission shall for the purpose of connecting the railways of the Member States formulate plans for the improvement and reorganisation of such railways.
Article 43. SHIPPING AND INTERNATIONAL WATERWAYS
1. The Transport, Telecommunications and Energy Commission shall formulate plans for the harmonisation and rationalisation of policies on shipping and international waterways of the Member States.
2. Member States undertake to do their utmost to form multinational shipping Companies for both maritime and river navigation.
Article 44. AIR TRANSPORT
Member States shall use their best endeavour to bring about the merger of their national airlines in order to promote efficiency and profitability in the air transportation of passengers and goods within the Community by aircraft owned by the Governments of the Member States and/or their citizens. To this end, they shall co-ordinate the training of their nationals and policies in air transport and standardize their equipment.
Article 45. TELECOMMUNICATIONS
1. Member States shall reorganise and improve, where necessary, their national telecommunications network to meet standards required for international traffic.
2. Member States undertake to establish a direct, modern, efficient and rational system of telecommunications among themselves.
Article 46. PAN-AFRICAN TELECOMMUNICATIONS NETWORK
The Transport, Telecommunications and Energy Commission shall make urgent recommendations for the rapid realisation in the West African Section of the Pan-African Telecommunications network and, in particular, the establish· ment of links necessary for the economic and social development of the Community. Member States shall co-ordinate their efforts in this field and in the mobilisation of national and international financial resources.
Article 47. POSTAL SERVICES
1. The Transport, Telecommunications and Energy Commission shall study and make recommendations to the Council of Ministers on proposals for speedier, cheaper and more frequent postal services within the Community.
2. Member States undertake to:
(a) promote close collaboration among their postal administrations;
(b) harmonise routes of mails; and
(c) establish among themselves a system of postal remittances and preferential tariffs which are more favourable than those envisaged by the Universal Postal Union.
Chapter IX. ENERGY AND MINERAL RESOURCES
Article 48. CO-OPERATION IN ENERGY AND MINERAL RESOURCES
1. The Transport, Telecommunications and Energy Commission shall engage in consultations on, and the co-ordination of the policies and activities of the Member States in the field of energy and submit its recommendations to the Council of Ministers.
2. Member States undertake to:
(a) co-operate, consult on and co-ordinate their policies, regarding energy and . mineral resources;
(b) harmonise their energy and mineral resources policies especially as regards the production and distribution of energy, research, production and processing of mineral resources;
(c) exchange information on the results of research being carried out;
(d) plan joint programmes for training technicians and personnel; and
(e) formulate a common energy and mineral policy especially in the fields of production, distribution of energy, research, production and processing of mineral resources.
Chapter X. SOCIAL AND CULTURAL MATTERS
Article 49. CO-OPERATION IN SOCIAL AND CULTURAL MATTERS
Subject to any directions that may be given by the Council of Ministers, the Social and Cultural Affairs Commission shall examine ways of increasing exchange of social and cultural activities among the Member States and of developing them, provide a forum for consultation generally on social and cultural matters affecting the Member States and make recommendations to the Council of Ministers.
Chapter XI. FUND FOR CO-OPERATION, COMPENSATION AND DEVELOPMENT
Article 50. ESTABLISHMENT
There is hereby established a Fund to be known as the Fund for Cooperation, Compensation and Development hereinafter referred to as " the Fund" .
Article 51. RESOURCES OF THE FUND
1. The Fund shall derive its resources from: (a) contributions of Member States;
(b) income from Community enterprises;
(c) receipts from bilateral and multilateral sources as well as other foreign sources; and
(d) subsidies and contributions of all kinds and from all sources.
2. The contributions of Member States referred to in sub-paragraph «(I) of the preceding paragraph shall be determined by the Council of Ministers and shall be of such minimum and maximum amounts as the Council of Ministers may determine.
3. The Method of determining the contribution to be paid by Member States, the regulations governing the payment and the currencies in which they shall be effected, the operation, organisation, management, status of the funds and matters related and incidental thereto shall be the subject of a protocol to be annexed to this Treaty.
Article 52. USES OF THE FUND
The Fund shall be used to:
(a) finance projects in Member States;
(b) provide compensation to Member States which have suffered losses as a result of the location of Community enterprises;
(c) provide compensation and other forms of assistance to Member States which have suffered losses arising out of the application of the provisions of this Treaty on the liberalisation of Trade within the Community;
(d) guarantee foreign investments made in Member States in respect of enterprises established in pursuance of the provisions of this Treaty on the harmonisation of industrial policies;
(e) provide appropriate means to facilitate the sustained mobilisation of internal and external financial resources for the Member States and the Community; and
f) promote development projects in the less developed Member States of the Community.
Chapter XII. FINANCIAL PROVISIONS
Article 53. FINANCIAL PROVISIONS BUDGET OF THE COMMUNITY
1. There shall be established a budget of the Community.
2. All expenditures of the Community, other than those in respect of the Fund for Co-operation, Compensation and Development, established under Chapter XI of this Treaty, shall be approved in respect of each financial year by the Council of Ministers and shall be chargeable to the budget.
3. Resources of the budget shall be derived from annual contributions by Member States and such other sources as may be determined by the Council of Ministers.
4. The budget shaH be in balance as to revenues and expenditures.
5. A draft budget for each financial year shall be prepared by the Executive Secretary and approved by the Council of Ministers.
6. There shall be special budgets to meet extraordinary expenditures of the Community.