PART ONE
DEFINITIONS, OBJECTIVES AND SCOPE
ARTICLE 1
Definitions
1.
In this Protocol, unless the context otherwise requires:
"CMT"
"Commercial
presence"
means the Committee of Ministers responsible for trade
matters;
means:
(i)
In respect of nationals, setting up, acquiring and
managing undertakings, which they effectively
control in the territory of a State Party for the
purpose of supplying a service;
(ii)
In respect of SADC juridical persons, taking up,
acquiring and pursuing the economic activities
covered by this Protocol, including by means of the
setting up and managing of subsidiaries, branches
or any other form of secondary establishment in the
territory of a State Party for the purpose of
supplying a service;
"Member State"
means a Member State of SADC;
"National"
means a natural person who is a national of one of the
State Parties in accordance with their respective
legislations. National includes a permanent resident
treated as a national in accordance with the legislation of
such State Party;
"Region"
means the geographical area of the Member States of
SADC;
"SADC
juridical person"
means a legal entity set up in accordance with the laws of
a State Party, and engaged in "substantial business
operations" in the territory of that State Party or any other
State Party;
"Substantial business operations" means, inter alia,
operations carried out by an entity incorporated in and
licensed by a State Party to provide services, and shall be
further developed through negotiations after adoption of
this Protocol. The results of such negotiations shall be
annexed to this Protocol."
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