Décret n° 2004-4 du 5 janvier 2004, portant publication de l'accord commercial entre le gouvernement de la République Tunisienne et le gouvernement de la République Fédérale du Nigeria

Le Président de la République,

Sur proposition du ministre des affaires étrangères,

Vu la loi n° 2003-29 du 28 avril 2003, portant approbation de l'accord commercial, conclu à Abuja le 27 juin 2001, entre le gouvernement de la République Tunisienne et le gouvernement de la République Fédérale du Nigeria,

Vu le décret n° 84-1242 du 20 octobre 1984, fixant les attributions du ministère des affaires étrangères,

Vu le décret n° 2003-1936 du 8 septembre 2003, portant ratification de l'accord commercial, conclu à Abuja le 27 juin 2001, entre le gouvernement de la République Tunisienne et le gouvernement de la République Fédérale du Nigeria.

Décrète :

Article premier. - Est publié au Journal Officiel de la République Tunisienne, l'accord commercial conclu à Abuja, le 27 juin 2001, entre le gouvernement de la République Tunisienne et le gouvernement de la République Fédérale du Nigeria.

Art. 2. - Le Premier ministre et les ministres concernés sont chargés, chacun selon ses attributions, de l'exécution du présent décret qui sera publié au Journal Officiel de la République Tunisienne.

Tunis, le 5 janvier 2004.

Zine El Abidine Ben Ali

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF TUNISIA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF NIGERIA

PREAMBLE

The Government of the Republic of Tunisia and The Government of the Federal Republic of Nigeria (hereinafter referred to as the CONTRACTING PARTIES).

DISIROUS of facilitating and developing trade relations between their two countries on the basis of equality and mutual benefit.

NOTING that both countries are members of World Trade Organization (WTO).

BEING CONVINCED that cooperation in trade is essential to achieve maximum development in their respective countries:

HAVE AGREED AS FOLLOWS:

ARTICLE 1 UMBRELLA PROVISION

The Contracting Parties shall make every effort to increase the volume of trade between their two countries in accordance with their respective domestic laws and subject to obligations under international treaties, conventions or agreements to which they may be party and shall endeavour to achieve a balance of trade between themselves, taking into account payments for invisible trade.

ARTICLE 2

MOST FAVOURED NATION TREATMENT

The Contracting Parties shall grant each other Most Favoured Nation Treatment in matters relating to the importation or exportation of goods between their countries in accordance with the principles of WTO.

ARTICLE 3

EXEMPTION

This Agreement shall not apply to advantages, concessions or exemptions which either Contracting Party has granted or may grant:

(i) to neighbouring countries in order to facilitate frontier traffic; or
(ii) as a consequence of its participation in a customs union, free trade area or monetary zone.

ARTICLE 4

LAWS AND REGULATION

Commercial transactions under this Agreement shall be effected on the basis of contracts to be concluded between legal and physical persons of the Republic of Tunisia on the one hand and legal and physical persons of the federal Republic of Nigeria on the other hand. The legal and physical persons referred to in this paragraph shall carry out their commercial transactions on their own responsibilities in every respect.

ARTICLE 5

TRADE INFORMATION AND FACILITATIONS

In order to facilitate commercial transactions under this Agreement, the Contracting Parties shall:

(i) furnish each other, upon request, with all necessary information which could contribute to the expansion of trade and commercial activities between their countries; and
(ii) provide freedom of transit of goods of the country of the other Contracting Party through its territory.

ARTICLE 6

PAYMENT ARRANGEMENTS

All payments for goods and services arising from the application of this Agreement shall be effected in freely convertible currencies through normal banking channels in accordance with the respective foreign exchange laws of the Contracting Parties.

ARTICLE 7

PARTICIPATION IN TRADE FAIRS

For the purposes of this Agreement and subject to their respective domestic laws, the Contracting Parties shall :

(i) encourage the participation in each others international trade fairs and exhibitions.

(ii) allow the organization, in their respective countries, of trade fairs and exhibitions and permit each other to utilize appropriate facilities for the holding of such fairs and exhibitions; and

(iii) permit and exempt from customs duties, taxes and other levies, the importation and exportation of goods not intended for sale; namely,

a) samples of goods and publicity materials required only for obtaining orders and for advertising purposes.

b) objects designed for tests and experiments and equipments for interpretation and sound recording apparatus;

c) construction and decorating materials and electrical fittings for temporary stands or for the display or exhibition of such goods;

d) goods and instruments which are part of the personal baggage of technicians or experts and destined to be used by them in the course of duties to be performed by them in relation to such fairs, exhibitions, demonstrations, seminars, congresses or conferences by virtue of their assignment thereto;

e) tools and articles which, after having been exported, are returned for repairs if such goods are re-exported after such repairs; and

f) containers of exported and imported goods, provided that if they are sold or consumed, the appropriate duties, taxes and other levies shall be paid.

ARTICLE 8

SAFEGUARD MEASURES

1. If, as a result of unforeseen developments and in terms of an obligation incurred by a Contracting Party under this Agreement, any product imported into the territory of that Contracting Party in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers in such territory of like or directly competitive products, the Contracting Party into whose territory the products are imported shall, subject to paragraph 2 of this Article, be free to suspend the relevant obligation in whole or in part or to withdraw or modify such obligation.

2. Before a Contracting Party takes action pursuant to paragraph 1 of this Article, it shall give notice in writing to the other Contracting Party as far in advance as may be practicable and shall afford the other Contracting Party an opportunity to consult with it in respect of the proposed action. In critical circumstances, where delay would cause damage which would be difficult to repair, action pursuant to paragraph 1 of this Article may be taken provisionally without prior consultations on the condition that consultations shall be effected immediately after taking such action.

ARTICLE 9

COMPETENT AUTHORITIES

1. The authorities responsible for the implementation of this Agreement and other matters relating thereto shall:
(i) in the case of the Republic of Tunisia, be its Ministry of Commerce.
(ii) in the case of the Federal Republic of Nigeria, be its Federal Ministry of Commerce; and

2. Each Contracting Party shall have the right to designate in writing at any time, any other appropriate Department or Ministry to replace a competent authority designated under paragraph 1 of this Article.

ARTICLE 10

SETTLEMENT OF DISPUTES

1. Any dispute between the contracting Parties relating to the interpretation or application of this Agreement shall be resolved by friendly consultations and negotiations.

2. Either Contracting Party may refer a matter to the Tunisia / Nigeria Joint Commission if it considers such a matter to be incompatible with the proper functioning of this Agreement.

3. The Contracting Parties shall supply the Joint Commission with all relevant information required for a thorough examination of any dispute with a view to seeking a solution acceptable to the Contracting Parties.

ARTICLE 11

GENERAL

Nothing in this Agreement shall be construed as affecting any rights and obligations arising from any existing international treaty, convention or agreement entered into by either of the Contracting Parties prior to the conclusion of this Agreement.

ARTICLE 12

ENTRY INTO FORCE

The Contracting Parties shall notify each other in writing when their respective constitutional requirements for entry into force of this Agreement have been fulfilled. This Agreement shall enter into force on the date of the receipt of the last written notification.

ARTICLE 13

AMENDMENT OR REVISION

Any amendment to or revision of this Agreement shall be in writing and the Contracting Parties shall notify each other in writing when their respective constitutional requirements for entry into force of such amendment or revision have been fulfilled. Such amendment or revision shall enter into force on the date of receipt of the last written notification.

ARTICLE 14

DURATION AND TERMINATION

1. This Agreement shall remain in force for an initial period of five years. Thereafter, it shall continue in force until the expiration of twelve months from the date on which either Party shall have given written notice of termination to the other.

2. The termination of this Agreement shall not adversely affect or in any way prejudice any rights or obligations accrued to or incurred by virtue of the application of this Agreement prior to the effective date of such termination.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed and sealed this Agreement.

Done at Abuja on this 27th day of June 2001 in two originals in the English and Arabic languages both texts being equally authentic.