WORLD TRADE  
ORGANIZATION  WT/REG176/2/Rev.1 
19 November 2004 
 (04-5028) 
Committee on Regional Trade Agreements Original:   English 
 
 
 
PROTOCOL ON TRADE IN THE  
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
 
Revision  
 
 The following communication, dated 2 August 2004, is being circulated at the request of the 
Delegation of Tanzania. 
_______________ 
 
 
AMENDMENT PROTOCOL ON TRADE IN THE 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) 
  
TABLE OF CONTENTS 
 
Preamble 
 Article   1  Amendment Of The Table Of Contents Of The Protocol  Article   2  Amendment Of Article 1 Of The Protocol  Article   3 Amendment Of Article 9 Of The Protocol 
Article   4  Amendment Of Article 31 Of The Protocol  
Article   5  Amendment Of Article 32 Of The Protocol Article   6  Amendment Of Article 34 Of The Protocol Article   7  Amendment Of Annex I Of The Protocol Article   8  Amendment Of Annex II Of The Protocol Article   9  Insertion Of New Annexes  
Article 10  Implementation 
Article 11  Entry Into Force Article 12  Accession Article 13  Depository 
  
PREAMBLE 
 
 We, the Heads of State or Government of:  
 The Republic of Angola 
 The Republic of Botswana  The Democratic Republic of the Congo  The Kingdom of Lesotho  The Republic of Malawi  The Republic of Mauritius 
 The Republic of Mozambique 
 The Republic of Namibia WT/REG176/2/Rev.1 
Page 2  
 
  The Republic of Seychelles 
 The Republic of South Africa  The Kingdom of Swaziland  The United Republic of Tanzania  The Republic of Zambia 
 The Republic of Zimbabwe 
  Noting  that the Protocol on Trade in the Southern African Development Community (SADC), 
hereinafter referred to as “the Protocol”,  entered into force on 25 January 2000; 
 
 Desiring  to implement the Protocol from 1 September 2000; 
  Recognising  that certain provisions of the Protocol require amendment;  
  Have Agreed , pursuant to Article 34 of the Protocol, read with Article 36(1) of the Treaty, 
upon the following amendments: 
 
Article 1 
 
Amendment Of The Table Of Contents Of The Protocol
 
 
 The Table of Contents of the Protocol is amended by adding the following after Annex V: 
 "ANNEX VI
 
 CONCERNING THE SETTLEMENT OF DISPUTES BETWEEN THE MEMBER STATES OF 
THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
 ANNEX VII   CONCERNING TRADE IN SUGAR IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY" 
 
Article 2 
 
Amendment Of Article 1 Of The Protocol
 
 
 Article 1 of the Protocol is amended by  inserting the following definition between the 
definitions of "Non-Tariff Barrier s" and "Originating Goods":  
  " "Protocol" means this instrument of impl ementation of the Treaty and includes any Annex 
or amendment thereof which form an integral part thereof;"   
Article 3 
 
Amendment Of Article 9 Of The Protocol
 
 
 Article 9 of the Protocol is amended by in serting the following new sub-paragraph after the 
existing sub-paragraph (i): 
  "(j) necessary to prohibit or control the im portation or exportati on of second-hand goods 
into or from its territory under this Protocol." 
  WT/REG176/2/Rev.1 
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 Article 4 
 
Amendment Of Article 31 Of The Protocol  
  Article 31 of the Protocol is amended by deleting sub-paragraph b)  of paragraph 2 and 
renumbering the sub-paragr aphs consequentially. 
 
Article 5  
 
Amendment Of Article 32 Of The Protocol
 
 
 Article 32 of the Protocol is amended by s ubstituting paragraphs 1 to 6 with the following: 
  "The rules and procedures of Annex VI sha ll apply to the settlement of disputes between 
Member States concerning their rights and obligations under this Protocol." 
 
Article 6 
 
Amendment Of Article 34 Of The Protocol
 
  Article 34 of the Protocol is amended by: 
 
(A) the addition of the following new paragraphs 2 and 3:    "2. In the case of a proposal to amend an ex isting Annex or include a new Annex to this 
Protocol, the CMT shall adopt the proposal by consensus.  
 3. A proposal adopted by the CMT in accordance with paragraph 2 shall form an 
integral part of this Protocol."; and  
 (B) the existing article becoming paragraph 1.  
Article 7 
 
Amendment Of Annex I Of The Protocol
 
  Annex I of the Protocol is repealed and subs tituted with the Annex contained in Annex I of 
this Amendment Protocol. 
 
Article 8 
 
Amendment Of Annex II Of The Protocol
 
  Annex II of the Protocol is amended by insertin g the Appendix contained in Annex II of this 
Amendment Protocol after Article 12. 
 
  Article 9 
 
  Insertion Of New Annexes
 
 
 The two new Annexes contained in Annex III of  this Amendment Protocol shall be inserted 
after Annex V of the Protocol as Annexes VI and VII.  
 
 WT/REG176/2/Rev.1 
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 Article 10 
 
Implementation
 
 1. Each Member State shall deposit an instrument  of implementation, indicating the date upon 
which that Member State shall implement the Protocol , within six months after the date of entry into 
force of this Amendment Protocol. This Amendm ent Protocol and the Tariff Reduction Schedules, 
adopted by the CMT pursuant to Article 3(2) of the Protocol, shall be implemented by each Member State on a date not later than twelve months from the date of entry into force of this Amendment 
Protocol. No Member State shall be obliged to extend preferential treatment under this Protocol to 
another Member State which has not deposited an in strument of implementation as provided for in 
this paragraph. 
2. No Member State shall deposit an instrument of implementation or accession to this 
Amendment Protocol unless it has previously or  simultaneously deposited an instrument of 
ratification or accession to the Protocol. 
3. Except as herein otherwise specifically provided, the Protocol shall remain of full force and 
effect. 
4. This Amendment Protocol shall form an  integral part of the Protocol.  
Article 11 
 
Entry Into Force
 
 
 This Amendment Protocol shall enter into fo rce upon adoption by a decision of three-quarters 
of the Members of the Summit.  
Article 12 
 
Accession
 
  This Amendment Protocol shall remain open for accession by any Member State.  
Article 13 
 
Depository
 
 1. This Amendment Protocol and all instruments of implementation or accession shall be 
deposited with the Executive Secretary of SADC. 
2. The Executive Secretary shall transmit certified true copies of this Amendment Protocol and 
instruments of implementation or accession to all Member States. 
3. The Executive Secretary shall register this Amen dment Protocol with the United Nations, the 
Organisation of African Unity and such othe r organisations as the Council may determine. 
 IN WITNESS WHEREOF, WE the Heads of St ate or Government or duly Authorised 
Representatives of SADC Member States have ad opted this Amendment Protocol in Windhoek, 
Namibia this 7
th day of August 2000 in three (3) original texts in the English, French and Portuguese 
languages, all texts being equally authentic. 
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