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." 3

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