African Human Rights CLA 2.0

African Human Rights CLA 2.0

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PROTOCOL . : I ON FINANCE AND INVESTMENT \ \ \

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Table of contents

TABLE OF CONTENTS2
PREAMBLE 2
CHAPTER ONE - DEFINITIONS AND OBJECTIVES14
Article 1 - Definitions14
Article 2 - Objectives15
CHAPTER TWO - CO-OPERATION ON INVESTMENT17
Article 3 - Co-operation On investment17
CHAPTER THREE - MACRO ECONOMIC CONVERGENCE17
Article 4 -Macroeconomic Convergence17
CHAPTER FOUR - CO-OPERATION IN TAXATION AND RELATED MATTERS17
Article 5 - Co-operation in Taxation and Related Matters17
CHAPTER FIVE - CO-OPERATION AMONG CENTRAL BANKS17
Article 6 - Co-operation and Co-ordination on Exchange Controls17
Article 7 - The Legal and operational Frameworks 18
Article 8 - payments, Clearing and Settlement Systems 18
Article 9 - Co-operation in the Area of Information and Communication Technology 18
Article 10 - Co-operation Between Banking Supervisors18
CHAPTER SIX - NETWORK OF DFis18
Article 11 - facilitation of Activities of DFis18
CHAPTER SEVEN - CO-OPERATION IN REGIONAL CAPITAL AND FINANCIAL MARKETS19
Article 12 - regulation and Supervision of non-Banking Financial Services19
Article 13 - Development of Capital and Financial Markets19
Article 14 - Co-operation Among Member Stock Exchanges19
CHAPTER EIGHT - ANTI-MONEY LAUNDERING 19
Article 15 - Co-operation with Regard to Anti-money Laundering19
CHAPTER NINE - PROJECT PREPARATION AND DEVELOPMENT FUND19
Article 16 - Development of A SADC Project Preparation and Development Fund19
CHAPTER TEN - INSTITUTIONAL AND ADMINISTRATIVE ARRANGEMENTS20
Article 17 - Establishment Of Institutions 20
Article 18 - the Committee of ministers for Finance and investment 20
Article 19 - The Committee of Central Bank Governors in SADC20
Article 20 - Peer Review Panel 20
Article 21 - Institutional Mechanisms 20
Article 22 - Functions and Responsibilities 21
CHAPTER ELEVEN - FINAL PROVISIONS21
Article 23 - Annexes21
Article 24 - Settlement of Disputes21
Article 25 - General Undertaking22
Article 26 - Amendments 22
Article 27 - Signature23
Article 28 - Ratification23
Article 29 - Entry Into Force23
Article 30 - Accession23
Article 31 - Withdrawal 23
Article 32 - Depositary 24
ANNEXES4
ANNEX 1 - CO-OPERATION ON INVESTMENT26
Preamble26
Article 1 - Definitions27
Article 2 - promotion and Admission of Investments29
Article 3 - Promotion of Local and Regional Entrepreneurs30
Article 4 - Public Private Partnerships30
Article 5 - investment Protection30
Article 6 - Investors of the Third State30
Article 7 - General Exceptions 31
Article 8 - Transparency 31
Article 9 - Reparation of Investment Returns31
Article 10 - Corporate Responsibility 31
Article 11 - Sourcing of Requisite Skills32
Article 12 - optimal Use of natural Resources32
Article 13 - Environmental Measures32
Article 14 - Right to Regulate32
Article 15 - Capital Movements32
Article 16 - Competition Policy33
Article 17 - Intra-Regional and Extra-Regional Agreements For the Avoidance of Double Taxation 33
Article 18 - Trade, investment and Industrial Policy33
Article 19 - Harmonisation of Policies and Laws33
Article 20 - Conditions Favoring Least Developed Countries 34
Article 21 - Adherence to International Conventions and Practices34
Article 22 - regional Cooperation on investment34
Article 23 - Investment Promotion Agencies34
Article 24 - The Role of The Secretariat35
Article 25 - Relationship with other Organisations35
Article 26 - bilateral Investment Treaties35
Article 27 - Access to Courts and Tribunals 35
Articles 28 - Settlement of Investments Disputes 35
ANNEX 2 - MACROECONOMIC CONVERGENCE37
Preamble37
Article 1 - Definitions37
Article 2 - principles of macroeconomic Convergence 38
Article 3 - indicators of macroeconomic Convergence 39
Article 4 - Fiscal and More Monetary policy Cooperation 39
Article 5 - Information and Data39
Article 6 - Institutional Arrangements 40
Article 7 - Monitoring and Surveillance 40
Article 8 - Review of the SADC Programme on macroeconomic Convergence 41
ANNEX 3 - CO-OPERATION IN TAXATION AND RELATED MATTERS42
Preamble42
Article 1 - Definitions42
Article 2 - SADC Tax Database45
Article 3 - Capacity Building46
Article 4 - Application and Treatment of Tax incentives 46
Article 5 - Tax Agreements48
Article 6 - Indirect Taxes49
Article 7 - Settlement of Disputes50
ANNEX 4 CO-OPERATION AND COORDINATION OF EXCHANGE CONTROL POLICIES51
Preamble51
Article 1 - Definitions51
Article 2 - Objectives 52
Article 3 - Co-operation and Coordination53
Article 4 - Institutional Arrangements53
Article 5 - Functions of the SADC Exchange Control Committee53
Article 6 - Consultations54
ANNEX 5 - HARMONISATION OF LEGAL AND OPERATIONAL FRAMEWORKS56
Preamble 56
Article 1 - Definitions57
Article 2 - Scope57
Article 3 - Objectives57
Article 4 - Agreement On Principles57
Article 5 - Areas and Nature of Co-operation60
Article 6 - Legal Committee60
Article 7 - Functions and Procedures of the Legal Committee61
Article 8 - Consultation61
ANNEX 6 COOPERATION ON PAYMENT, CLEARING AND SETTLEMENT SYSTEMS63
Preamble63
Article 1 - Definitions63
Article 2 - Scope64
Article 3 - Objectives64
Article 4 - Co-operation and Co-ordination65
Article 5 - Institutional Arrangements66
Article 6 - Functions of the SADC Payment System Steering Committee and the SADC Payment System Working Group66
Article 7 - Consultations68
Article 7 - Practical Measures68
ANNEX 7 COOPERATION IN THE AREA OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AMONGST CENTRAL BANKS69
Preamble69
Article 1 - Definitions69
Article 2 - Objective70
Article 3 - Scope70
Article 4 - Co-operation and Co-ordination71
Article 5 - Institutional Arrangements72
Article 6 - Functions of ICT Steering Committee, ICT Programme Office and ICT Working Group73
Article 7 - Consultations74
ANNEX 8 - COOPERATION AND CO-ORDINATION IN THE AREA OF BANKING REGULATORY AND SUPERVISORY MATTERS75
Preamble75
Article 1 - Definitions76
Article 2 - Objective76
Article 3 - Scope77
Article 4 - Arears and nature of Co-operation and Co-ordination77
Article 5 - Institutional Arrangements 79
Article 6 - Functions of the SADC Subcommittee of Banking Supervisors79
Article 7 - Consultations80
ANNEX 9 - CO-OPERATION IN RESPECT OF DEVELOPMENT FINANCE INSTITUTIONS81
Preamble81
Article 1 - Definitions81
Article 2 - Establishment of the Network89
Article 3 - Objectives of the Network89
Article 4 - Operation of the Network90
Article 5 - Decisions90
Article 6 - Financing of the Network's Activities91
Article 7 - Capacity building and Strengthening of DFis91
Article 8 - The Development Finance Resource Center92
Article 9 - Co-operation on Projects in the Region93
Article 10 - Preferred Creditor Status or Paripassu ranking95
Article 11 - political Risk Insurance Guarantee Facility95
Article 12 - Waiver of State Immunities and Recognition and Enforcement of Foreign Judgments and Arbitral Awards95
Article 13 - Activities undertaken on behalf of State Parties96
Article 14 - Settlement of Disputes between DFis96
Article 15 - Sanctions98
Article 16 - Termination of Membership in the Network99
ANNEX 10 - CO-OPERATION ON NON-BANKING FINANCIAL INSTITUTIONS AND SERVICES100
Preamble100
Article 1 - Definitions101
Article 2 - Establishment of the Committee of Insurance Securities and non-Banking Financial Authorities102
Article 3 - Communication and Exchange of information102
Article 4 - Information Sharing102
Article 5 - Request for Information and Assistance103
Article 6 - Compliance with International Standards (Diagnostics Exercise)103
Article 7 -Relationship with international Bodies104
Article 8 - Development Programme104
Article 9 - Harmonised Financial Regulatory Regime104
Article 10 - Training and Education of Staff104
Article 11 - Cross-border Co-operation Among Authorities105
Article 12 - Consumer Awareness Campaigns 105
Article 13 - meetings and Subcommittees 105
Article 14 - Referrals106
Article 15 - Cession and Assignment106
Article 16 - Consultations106
ANNEX 11 - CO-OPERATION IN SADC STOCK EXCHANGES107
Preamble107
Article 1 - Definitions108
Article 2 - Co-operation108
Article 3 - Confidentiality 110
Article 4 - limitation of Liability111
Article 5 - Cession and Assignment 111
Article 6 - Implementation Strategy111
Article 7 - Admission of New Members111

10. Protocol on Finance and Investment (2006)

Instrumentos Não Vinculativos do Tribunal da SADC

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