ECOWAS Treaty (1975)
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Article 54. CONTRIBUTIONS BY MEMBER STATES

1. A protocol to be annexed to this Treaty shall state the mode by which the contribution of Member States shall be determined and the currencies in which the contribution is to be paid.

2. The Member States undertake to pay regularly their annual contributions to the budget of the Community.

3. Where a Member State is in arrears at the end the financial year in the payment of its contributions for reasons other than those caused by public or natural calamity or exceptional circumstances that gravely affect its economy, such Member States may, by a resolution of the Authority, be suspended from taking part in the activities of the institutions of the Community.

Article 55. FINANCIAL REGULATIONS

The Council of Ministers shall make financial regulations for the application of the provisions of this Chapter.

Chapter XIII. SETTLEMENT OF DISPUTES

Article 56. PROCEDURE FOR THE SETTLEMENT OF DISPUTES

Any dispute that may arise among the Member States regarding the interpretation or application of this Treaty shall be amicably settled by direct agreement. In the event of failure to settle such disputes, the matter may be referred to the Tribunal of the Community by a party to such disputes and the decision of the Tribunal shall be final.

Chapter XIV. GENERAL AND FINAL PROVISIONS

Article 57. HEADQUARTERS OF THE COMMUNITY

The Headquarters of the Community shall be determined by the Authority.

Article 58. OFFICIAL LANGUAGES

The official languages of the Community shall be such African languages declared official by the Authority and English and French.

Article 59. RELATIONS WITH OTHER REGIONAL ASSOCIATIONS AND THIRD COUNTRIES

1. Member States may be members of other regional or sub-regional associations, either with other Member States or non-Member States, provided that their membership of such associations does not derogate from the provisions of this Treaty.

2. The rights and obligations arising from agreements concluded before the definitive entry into force of this Treaty between one or more Member States on the one hand, and one Member State and a third country on the other hand, shall not be affected by the provisions of this Treaty.

3. To the extent that such agreements are not compatible with this Treaty, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude.

4. In applying the agreements referred to in paragraph 1 of this Article, Member States shall take into account the fact that the advantages accorded under this Treaty by each Member State form an integral part of the establishment of the Community and are thereby inseparably linked with the creation of common institutions, the conferring of powers upon them and the granting of the same advantages by all the other Member States.

Article 60. STATUS, PRIVILEGES AND IMMUNITIES

1. The Community, as an international organization, shall enjoy legal personality.

2. The Community shall have in the territory of each Member State:

(0) the legal capacity required for the performance of its functions under this Treaty; and (b) power to acquire, hold or dispose of movable or immovable property.

3. In the exercise of its legal personality under this Article, the Community shall be represented by the Executive Secretary.

4. The privileges and immunities to be granted to the officials of the Community at its Headquarters and in the Member States shall be the same as are accorded to diplomatic persons at the Headquarters of the Community and in the Member States. Similarly, the privileges and immunities granted to the Secretariat at the Headquarters of the Community shall be the same as granted to diplomatic missions at the Headquarters of the Community and in the Member States. Other privileges and immunities to be recognised and granted by the Member States in connection with the Community shall be determined by the Council of Ministers.

Article 61. SETTING UP OF THE INSTITUTIONS

1. The Authority shall at its first meeting after the entry into force of this Treaty:

(a) appoint the Executive Secretary;

(b) determine the Headquarters of the Community; and

(c) give such directions to the Council of Ministers and other institutions of the Community as are necessary for the expeditious and effective implementation of this Treaty.

2. Subject to the provisions of the preceding paragraph, the Council of Ministers shall, within two months of the entry into force of this Treaty, hold its first meeting to:

(a) appoint persons to offices in the Executive Secretariat in accordance with the provisions of this Treaty;

(b) give directions to other subordinate institutions;

(c) give directions to the Executive Secretary as to the implementation of the provisions of this Treaty; and

(d) perform such other duties as may be necessary for the expeditious and effective implementation of this Treaty.

Article 62. ENTRY INTO FORCE, RATIFICATION AND ACCESSION

1. This Treaty and the protocols which shall be annexed and which shall form an integral part of the Treaty shall respectively enter into force provisionally upon the signature by Heads of State and Government and definitively upon ratification by at least seven signatory States in accordance with the constitutional procedures applicable for each signatory State.

2. Any West African State may accede to this Treaty on such terms and conditions as the Authority may determine. Instruments of accession shall be deposited with the Federal Military Government of Nigeria which shall notify all other Member States. This Treaty shall enter into force in relation to an acceding state on such date as its Instrument of accession is deposited.

Article 63. AMENDMENTS AND REVISIONS

1. Any Member State may submit proposals for the amendment or revision of this Treaty.

2. Any such proposals shall be submitted to the Executive Secretary who shall communicate them to other Member States not later than thirty days after the receipt of such proposals. Amendments or revisions shall be considered by the Authority after Member States have been given one month's notice thereof.

Article 64. WITHDRAWAL

1. Any Member State wishing to withdraw from the Community shall give to the Executive Secretary one year's written notice. At the end of this period of one year, if such notice is not withdrawn, such a State shall cease to be a member of the Community.

2. During the period of one year referred to in the preceding paragraph, such a Member State shall neverth~less observe the provisions of this Treaty and shall remain liable for the discharge of its obligations under this Treaty.

Article 65. DEPOSITARY GOVERNMENT

The present Treaty and all Instruments of ratification and accession shall be deposited with the Federal Military Government of Nigeria which shall transmit certified true copies of this Treaty to all Member States and notify them of the dates of deposits of the Instruments of ratification and accession and shall register this Treaty with the Organisation of African Unity, the United Nations Organisation and such other Organisations as the Council of Ministers shall determine.

IN· FAITH WHEREOF, We, the Heads of State and Government in West Africa, have signed this Treaty.

Conclusion

DONE at Lagos this 28th day of May, 1975 in single original in the English and French languages, both texts being equally authentic.

[Signed]

H.E. Lt.-Col. MATHIEU KEREKOU President of the Republic of Dahomey

[Signed]

H.E. Sir DAWDA JAWARA President of the Republic of Gambia

[Signed]

H.E. Lt.-Col. R. J. A. FELLI Commissioner for Economic Planning for and on behalf of the Head of State and Chairman of the National Redemption Council of the Republic of Ghana

[Signed]

H.E. Dr. LAN SANA BEAVOGUI Prime Minister for and on behalf of the Head of State and Commander-in-Chief of the People's Revolutionary Armed Forces, President of the Republic of Guinea

[Signed]

H.E. Mr. LUIZ CABRAL President of the Republic of Guinea-Bissau

[Signed]

H.E. Mr. FELIX HOUPHOUET-BOIGNY President of the Republic of Ivory Coast

[Signed]

H.E. Dr. WILLIAM R. TOLBERT, Jr. President of the Republic of Liberia

[Signed]

H.E. Major BABA DIARRA Vice-Chairman for and on behalf of the Chairman of the Military Committee of National Liberation, President of the Republic of Mali

[Signed]

H.E. MOKTAR OULD DADDAH President of the Islamic Republic of Mauritania

[Signed]

H.E. Lt.-Col. SEYNI KOUNTCHE Head of State and President of the Supreme Military Council of the Republic of Niger

[Signed]

H.E. General YAKUBU GOWON Head of the Federal Military Government, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria

[Signed]

H.E. Mr. ABDOU DIOUF Prime Minister for and on behalf of the President of the Republic of Senegal

[Signed]

H.E. Dr. SIAKA STEVENS President of the RepUblic of Sierra Leone

[Signed]

H.E. General GNASSINGBE EYADEMA President of the Togolese Republic

[Signed]

H.E. General A. SANGOULE LAMIZANA President of the Republic of Upper Volta

Previous page Page 3
  • Chapter   I Principles 1
  • Article   1 ESTABLISHMENT AND MEMBERSHIP OF THE COMMUNITY 1
  • Article   2 AIMS OF THE COMMUNITY 1
  • Article   3 GENERAL UNDERTAKING 1
  • Chapter   II INSTITUTIONS OF THE COMMUNITY 1
  • Article   4 INSTITUTIONS 1
  • Article   5 AUTHORITY OF HEADS OF STATE AND GOVERNMENT ESTABLISHMENT, COMPOSITION AND FUNCTIONS 1
  • Article   6 COUNCIL OF MINISTERS ESTABLISHMENT, COMPOSITION AND FUNCTIONS 1
  • Article   7 DECISIONS OF THE AUTHORITY AND THE COUNCIL OF MINISTERS 1
  • Article   8 THE EXECUTIVE SECRETARIAT 1
  • Article   9 TECHNICAL AND SPECIALISED COMMISSIONS ESTABLISHMENT, COMPOSITION AND FUNCTIONS 1
  • Article   10 EXTERNAL AUDITOR 1
  • Article   11 TRIBUNAL OF THE COMMUNITY 1
  • Chapter   III CUSTOMS AND TRADE MATTERS 1
  • Article   12 LIBERALIZATION OF TRADE 1
  • Article   13 1
  • Article   14 COMMON CUSTOMS TARIFF 1
  • Article   15 COMMUNITY TARIFF TREATMENT 1
  • Article   16 DEFLECTION OF TRADE 1
  • Article   17 REVENUE DUTIES AND INTERNAL TAXATION 1
  • Article   18 QUANTITATIVE RESTRICTIONS ON COMMUNITY GOODS 1
  • Article   19 DUMPING 1
  • Article   20 MOST F.AvoURED NATION TREATMENT 2
  • Article   21 INTERNAL LEGISLATION 2
  • Article   22 RE-EXPORTATION OF GOODS AND TRANSIT FACILITIES 2
  • Article   23 CUSTOMS ADMINISTRATION 2
  • Article   24 DRAWBACK 2
  • Article   25 COMPENSATION FOR Loss OF REVENUE 2
  • Article   26 SAFEGUARD CLAUSE 2
  • Chapter   IV  FREEDOM OF MOVEMENT AND RESIDENCE 2
  • Article   27 VISA AND RESIDENCE 2
  • Chapter   V INDUSTRIAL DEVELOPMENT AND HARMONIZATION 2
  • Article   28 GENERAL PRINCIPLES 2
  • Article   29 STAGE I. EXCHANGE OF INFORMATION ON MAJOR INDUSTRIAL PROJECTS 2
  • Article   30 STAGE II. HARMONIZATION OF INDUSTRIAL INCENTIVES AND INDUSTRIAL DEVELOPMENT PLANS 2
  • Article   31 STAGE III. PERSONNEL EXCHANGE, TRAINING AND JOINT VENTURES 2
  • Article   32 REMEDIAL MEASURES 2
  • Chapter   VI CO-OPERATION IN AGRICULTURE AND NATURAL RESOURCES 2
  • Article   33 CO-OPERATION AMONG MEMBER STATES 2
  • Article   34 STAGE I. HARMONISATION OF AGRICULTURAL POLICIES 2
  • Article   35  STAGE II. EVOLUTION OF A COMMON AGRICULTURAL POLICY 2
  • Chapter   VII CO-OPERATION IN MONETARY AND FINANCIAL MATTERS 2
  • Article   36 CO-OPERATION IN MONETARY AND FISCAL MATTERS 2
  • Article   37 SETTLEMENT OF PAYMENTS BETWEEN MEMBER STATES 2
  • Article   38 COMMITTEE OF WEST AFRICAN CENTRAL BANKS 2
  • Article   39 MOVEMENT OF CAPITAL AND CAPITAL ISSUES COMMITTEE 2
  • Chapter   VIII INFRASTRUCTURAL LINKS IN THE FIELDS OF TRANSPORT AND COMMUNICATIONS 2
  • Article   40 COMMON TRANSPORT AND COMMUNICATIONS POLICY 2
  • Article   41 ROADS 2
  • Article   42 RAILWAYS 2
  • Article   43 SHIPPING AND INTERNATIONAL WATERWAYS 2
  • Article   44 AIR TRANSPORT 2
  • Article   45 TELECOMMUNICATIONS 2
  • Article   46 PAN-AFRICAN TELECOMMUNICATIONS NETWORK 2
  • Article   47 POSTAL SERVICES 2
  • Chapter   IX ENERGY AND MINERAL RESOURCES 2
  • Article   48 CO-OPERATION IN ENERGY AND MINERAL RESOURCES 2
  • Chapter   X SOCIAL AND CULTURAL MATTERS 2
  • Article   49 CO-OPERATION IN SOCIAL AND CULTURAL MATTERS 2
  • Chapter   XI FUND FOR CO-OPERATION, COMPENSATION AND DEVELOPMENT 2
  • Article   50 ESTABLISHMENT 2
  • Article   51 RESOURCES OF THE FUND 2
  • Article   52 USES OF THE FUND 2
  • Chapter   XII FINANCIAL PROVISIONS 2
  • Article   53 FINANCIAL PROVISIONS BUDGET OF THE COMMUNITY 2
  • Article   54 CONTRIBUTIONS BY MEMBER STATES 3
  • Article   55 FINANCIAL REGULATIONS 3
  • Chapter   XIII SETTLEMENT OF DISPUTES 3
  • Article   56 PROCEDURE FOR THE SETTLEMENT OF DISPUTES 3
  • Chapter   XIV GENERAL AND FINAL PROVISIONS 3
  • Article   57 HEADQUARTERS OF THE COMMUNITY 3
  • Article   58 OFFICIAL LANGUAGES 3
  • Article   59 RELATIONS WITH OTHER REGIONAL ASSOCIATIONS AND THIRD COUNTRIES 3
  • Article   60 STATUS, PRIVILEGES AND IMMUNITIES 3
  • Article   61 SETTING UP OF THE INSTITUTIONS 3
  • Article   62 ENTRY INTO FORCE, RATIFICATION AND ACCESSION 3
  • Article   63 AMENDMENTS AND REVISIONS 3
  • Article   64 WITHDRAWAL 3
  • Article   65 DEPOSITARY GOVERNMENT 3