ARTICLE 11
Subsidies
1.
Nothing in this Protocol shall be construed to prevent State Parties from
using subsidies in relation to their development programmes.
2.
The CMT shall decide on mechanisms for information exchange and
review of all subsidies related to trade in services that State Parties
provide to their domestic service suppliers and shall negotiate
disciplines to avoid any trade-distortive effects of subsidies.
ARTICLE 12
Monopolies and Exclusive Service Suppliers
1.
Each State Party shall ensure that any monopoly supplier of a service in
its territory does not, in the supply of the monopoly service in the
relevant market, act in a manner inconsistent with that State Party's
MFN Qbligations and liberalisation commitments.
2.
State Parties recognize the importance of cooperative mechanisms for
enhancing State Parties institutional and regulatory capacities on
competition related issues and State Parties shall enhance such
cooperation, inter alia in accordance with mechanisms and initiatives
carried out under other SADC Protocols.
3.
Where a State Party's monopoly supplier competes, either directly or
through an affiliated company, in the supply of a service outside the
scope of its monopoly rights and which is subject to that State Party's
liberalisation commitments, the State Party shall ensure that such a
supplier does not abuse its monopoly position to act in its territory in a
manner inconsistent with such commitments.
4.
The CMT, at the request of a State Party which has a reason to believe
that a monopoly supplier of a service of any other State Party is acting
in a manner inconsistent with paragraph 1 or 2, shall request the State
Party establishing, maintaining or authorizing such supplier to provide
specific information concerning the relevant operations. If required,
dispute settlement mechanisms provided for in Annex 1 shall apply.
5.
The provisions of this Article shall also apply to cases of exclusive
service suppliers, where a State Party, formally or in effect, (a)
authorizes or establishes a small number of service suppliers and (b)
substantially prevents competition among those suppliers in its territory.
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