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21 May 2013

2002 Southern African Customs Union (SACU) Agreement

BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF BOTSWANA, THE KINGDOM OF LESOTHO, THE REPUBLIC OF NAMIBIA, THE REPUBLIC OF SOUTH AFRICA AND THE KINGDOM OF SWAZILAND

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PART NINE
 
FINAL PROVISIONS
 
Article 42
Annexes

1. The Council may develop such annexes as may be necessary to facilitate the implementation of this Agreement.
2. All such annexes shall form an integral part of this Agreement.

Article 43
Amendments

Any Member State desirous of amending this Agreement shall put forward its proposal for such amendment, together with its submissions in motivation of the proposed amendment, to the Council for consideration and decision. An amendment of this Agreement shall be adopted by a decision of the Council.

Article 44
Signature

This Agreement shall be signed by all the States mentioned in the Preamble.

Article 45
Ratification

This Agreement shall be ratified by the signatory States in accordance with their respective constitutional procedures.

Article 46
Entry Into Force

This Agreement shall enter into force thirty (30) days after the deposit of the instruments of ratification by all the Member States.

Article 47
Accession

This Agreement shall, subject to Article 6, remain open for accession by any other State.

Article 48
Depositary

This Agreement and all instruments of ratification or accession shall be deposited with the Executive Secretary, who shall transmit certified copies thereof to all Member States.

Article 49
Withdrawal

If a Member State wishes to withdraw from this Agreement that Member State shall give notice thereof to all the other Member States. If after consultation the Member States fail to agree on the date and conditions of the withdrawal, this Agreement shall remain in force until twelve (12) months from the date of such notice and shall then cease to apply to the withdrawing Member State.

Article 50
Transitional Provisions

A commission, technical liaison committee or any other institution, obligation or arrangement of SACU which exists immediately before the entry into force of this Agreement shall, to the extent that it is not inconsistent with the provisions of this Agreement, continue to subsist, operate of bind Member States of SACU as if it were established or undertaken under this Agreement, until the Council determines otherwise. The Council of Ministers shall determine, on the basis of updated figures, how payments of adjustments under the 1969 SACU Agreement revenue sharing formula will be made.

Article 51
Termination of the 1969 SACU Agreement

The Customs Union Agreement between the Governments of Botswana, Lesotho, South Africa and Swaziland concluded on 11 December 1969, and acceded to by Namibia, shall terminate on entry into force of this Agreement, except as provided for in Article 50.
IN WITNESS WHEREOF, WE, the Heads of State or Government or duly authorized representatives of Member States have signed this Agreement.
(This document was signed on 21 October 2002 in Gaborone, Botswana by the leaders of the
REPUBLIC OF NAMIBIA
REPUBLIC OF SOUTH AFRICA
KINGDOM OF SWAZILAND
REPUBLIC OF BOTSWANA
KINGDOM OF LESOTHO)