WORLD TRADE  
ORGANIZATION  WT/COMTD/54 
26 September 2005 
 (05-4255) 
Committee on Trade and Development Original:   English/ 
 French 
 
 
 
ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) 
REVISED TREATY 
 
Communication from the Parties to the Agreement  
 
  The following communication, dated 6 July 2005,  is being circulated at the request of the 
Delegation of Ghana on behalf of the ECOWAS Member States.
1 
 
 
_______________ 
 
Table of contents:  
CHAPTER I:  DEFINITIONS........................................................................................................ ......4
 
CHAPTER II:  ESTABLISHMENT, COMPOSITION, AIMS AND OBJECTIVES 
AND FUNDAMENTAL PRINCIPLES OF THE COMMUNITY.......................................5  
CHAPTER III:  INSTITUTIONS OF THE COMMUNITY - ESTABLISHMENT,  
COMPOSITION AND FUNCTIONS .....................................................................................8  
CHAPTER IV:  COOPERATION IN  FOOD AND AGRICULTURE...........................................15  
CHAPTER V:  COOPERATION IN INDUSTRY, SCIENCE AND 
TECHNOLOGY AND ENERGY..........................................................................................16  
CHAPTER VI:  COOPERATION IN ENVIRONMENT AND NATURAL 
RESOURCES ...................................................................................................................... ....19  
CHAPTER VII:  COOPERATION IN TRANSPORT, COMMUNICATIONS AND 
TOURISM ........................................................................................................................ .......20  
CHAPTER VIII:  COOPERATION IN TRADE, CUSTOMS, TAXATION, 
STATISTICS, MONE Y AND PAYMENTS.........................................................................23  
CHAPTER IX:  ESTABLISHMENT AND COMPLETION OF AN ECONOMIC AND 
MONETARY UNION ............................................................................................................31  
CHAPTER X:  COOPERATION IN POLITICAL, JUDICIAL AND LEGAL 
AFFAIRS, REGIONAL SECURITY AND IMMIGRATION............................................31  
CHAPTER XI:  COOPERATION IN HUMAN RESOURCES, INFORMATION, 
SOCIAL AND CULTURAL AFFAIRS................................................................................33  
CHAPTER XII:  COOPERAT ION IN OTHER AREAS ................................................................36  
                                                      
1 The Protocols annexed to the Treaty of ECOWAS have been submitted to the Secretariat 
(Development Division) for consultation by interested Members. WT/COMTD/54 
Page 2  
 
 CHAPTER XIII ................................................................................................................... ................36
 
CHAPTER XIV:  FINA NCIAL PROVISIONS................................................................................36  
CHAPTER XV:  DISPUTES .......................................................................................................... ....38  
CHAPTER XVI:  SANCTIONS ........................................................................................................ .38 
CHAPTER XVII:  RELATIONS BETWEEN THE COMMUNITY AND THE 
AFRICAN ECONOMIC COMMUNITY.............................................................................39  
CHAPTER XVIII:  RELATIONS BETWEEN THE COMMUNITY AND OTHER 
REGIONAL ECONOMIC COMMUNITIES ......................................................................39  
CHAPTER XIX:  RELATIONS BETWEEN THE EXECUTIVE SECRETARIAT AND 
THE SPECIALISED INSTITUTIO NS OF THE COMMUNITY .....................................39  
CHAPTER XX:  RELATIONS BETWEEN THE COMMUNITY, THIRD 
COUNTRIES AND INTERNATION AL ORGANIZATIONS...........................................40  
CHAPTER XXI:  RELATIONS BETWEEN MEMBER STATES, NON-MEMBER 
STATES, REGIONAL ORGANIZATIONS AND INTERNATIONAL ORGANIZATIONS ................................................................................................................40
 
CHAPTER XXII:  GENERAL AND FINAL PROVISIONS ..........................................................41  
 
PREAMBLE  
 
We, the Heads of State and Government of the Member States of the Economic Community 
of West African States (ECOWAS):  
 
The President of the Republic of BENIN The President of BURKINA FASO The Prime Minister of the Republic of CAPE VERDE The President of the Republic of COTE D'IVOIRE 
The President of the Republic of The GAMBIA 
The President of the Republic of GHANA The President of the Republic of GUINEA The President of the Republic of GUINEA BISSAU The President of the Interim Government of National Unity of the Republic of LIBERIA 
The President of the Republic of MALI 
The President of the Islamic Republic of MAURITANIA The President of the Republic of NIGER The President of the Federal Republic of NIGERIA The President of the Republic of SENEGAL 
The Head of State and Chairman of the 
National Provisional Ruling Council of  the Republic of SIERRA LEONE 
The President of the TOGOLESE Republic  
 
Reaffirming  the Treaty establishing the Economic Comm unity of West African States signed 
in Lagos on 28 May 1975 and considering its achievements; 
 
Conscious  of the over-riding need to encourage, fo ster and accelerate the economic and social 
development of our States in order to im prove the living standards of our peoples; 
  WT/COMTD/54 
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 Convinced  that the promotion of harmonious economic development of our States calls for 
effective economic coopera tion and integration largely through a determined and concerted policy of 
self-reliance;  
Bearing in mind the African Charter on Human and Peopl e's Rights and the Declaration of 
Political Principles of the Economic Community of West African States adopted in Abuja by the 
Fourteenth Ordinary Session of the Authority of Heads of State and Government on 6 July 1991; 
 
Convinced  that the integration of the Member Stat es into a viable regional Community may 
demand the partial and gradual pooling of national s overeignties to the Community within the context 
of a collective political will; 
 
Accepting  the need to establish Community Instituti ons vested with relevant and adequate 
powers; 
Noting  that the present bilateral and multilateral forms of economic c ooperation within the 
region open up perspectives for more extensive cooperation; 
 
Accepting  the need to face together the political, ec onomic and sociocultural challenges of the 
present and the future, and to pool together the resources of our peoples while respecting our diversities for the most rapid and optimum expansion of the region's productive capacity; 
 
Bearing in mind also the Lagos Plan of Action and the Final Act of Lagos of April 1980 
stipulating the establishment, by the year 2000, of an African Economic Community based on existing and future regional economic communities;  
Mindful of the Treaty establishing the African Economic Community signed in Abuja on 
3 June 1991; 
 
Affirming that our final goal is the accelerated  and sustained economic development of 
Member States, culminating in the economic union of West Africa;  
Bearing in mind our Decision A/DEC.10/5/90 of 30 May 1990 relating to the establishment of 
a Committee of Eminent Persons to submit proposals for the review of the Treaty; 
 
Aware that the review of the treaty arises, inter alia , from the need for the Community to 
adapt to the changes on the international scene in orde r to derive greater benefits from those changes; 
 
Considering also  the need to modify the Community's strategies in order to accelerate the 
economic integration process in the region;  
Accepting  the need to share the benefits of economic cooperation and integration among 
Member States in a just and equitable manner;  
Have decided  to revise the Treaty of 28 May 1975 establishing the Economic Community of 
West African States (ECOWAS) and have accordingly agreed as follows.  WT/COMTD/54 
Page 4  
 
  
CHAPTER I:  DEFINITIONS  
 
Article 1  
For the purpose of this Treaty,   
"Arbitration Tribunal" means the Arbitration Tribun al of the Community established under Article 16 
of this Treaty;   "Authority" means the Authority of Heads of Stat e and Government of the Community established by 
Article 7 of this Treaty;  
 "Chairman of the Authority" means the current Ch airman of the Authority of Heads of State and 
Government of the Community, elected in accordan ce with the provisions of Article 8.2 of this 
Treaty;  
"Council" means the Council of Ministers of the Co mmunity established under Article 10 of this 
Treaty;   "Commission" means the Specialised Technical Commission established under Article 22 of this Treaty;   
"Community" means the Economic Community of West  African States referred to under Article 2 of 
this Treaty;   "Community citizen or citizens" means any national( s) of Member States who satisfy the conditions 
stipulated in the Protocol defining Community citizenship;  
 
"Court of Justice" means the Court of Justice of the Community established under Article 15 of this Treaty;   "Import Duties" means customs duties and taxes of equivalent effect, levied on goods by virtue of their importation;  
 
"Executive Secretary" means the Ex ecutive Secretary appointed in acco rdance with the provisions of 
Article 18 of this Treaty;   "Economic and Social Council" means the Economic  and Social Council established under Article 14 
of this Treaty;  
 "Executive Secretariat" means the Executive Secretariat established under Article 17 of this Treaty;  
 "Export Duties" means all customs duties and taxes of equivalent effect levied on goods by virtue of 
their exportation;  
 
"Fund" means the Fund for Cooperation, Co mpensation and Development established under 
Article 21 of this Treaty;   "Member State" or "Member States" means a Memb er State or Member States of the Community as 
defined in paragraph 2 of Article 2 of this Treaty;  
 "Non-Tariff Barriers" means barriers which hamper trade and which are caused by obstacles other 
than fiscal obstacles;    WT/COMTD/54 
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 "Parliament of the Community" means the Parliame nt established under Article 13 of this Treaty;  
 "Protocol" means an instrument of implementati on of the Treaty having the same legal force as the 
latter;   
"Region" means the geographical zone known as West Africa as defined by Resolution CM/Res.464 
(XXVI) of the OAU Council of Ministers;   "Statutory Appointees" includes the Executive Secr etary, Deputy Executive Secretaries, Managing 
Director of the Fund, Deputy Managing Director of the Fund, Financial Controller and any other 
senior officer of the Community designated as such by the Authority or Council;  
 "Third Country" means any State other than a Member State;  "Treaty" means this revised Treaty. 
 
 
CHAPTER II:  ESTABLISHMENT, COMPOSITION, AIMS AND 
OBJECTIVES AND FUNDAMENTAL PRINCIPLES 
OF THE COMMUNITY 
 
Article 2 
 
Establishment and Composition 
 
 
1. THE HIGH CONTRACTING PARTIES, by this Treaty, hereby reaffirm the establishment of 
the Economic Community of West African States (E COWAS) and decide that it shall ultimately be 
the sole economic community in the region fo r the purpose of economic integration and the 
realization of the objectives of the African Economic Community.  
2. The members of the Community, hereinafter referred to as "the Member States", shall be the 
States that ratify this Treaty.  
Article 3 
 
Aims and Objectives  
 
1. The aims of the Community are to promote cooperation and integration, leading to the 
establishment of an economic union in West Africa in order to raise the living standards of its 
peoples, and to maintain and enhance economic st ability, foster relations among Member States and 
contribute to the progress and development of the African Continent.  
2. In order to achieve the aims set out in th e paragraph above, and in accordance with the 
relevant provisions of this Treaty, the Community shall, by stages, ensure;  
(a) the harmonization and coordination of na tional policies and the promotion of 
integration programmes, projects and activities,  particularly in food, agriculture and 
natural resources, industry, transport and communications, energy, trade, money and 
finance, taxation, economic reform policies, human resources, education, information, culture, science, technology, services, health, tourism, legal matters;  
(b) the harmonization and coordination of polici es for the protection of the environment;  WT/COMTD/54 
Page 6  
 
 (c) the promotion of the establishment of joint production enterprises;  
(d) the establishment of a common market through:  
(i) the liberalization of trade by the abo lition, among Member States, of customs 
duties levied on imports and exports, and the abolition among Member States, of non-tariff barriers in order to establish a free trade area at the 
Community level;  
(ii) the adoption of a common external tariff and, a common trade policy 
vis-à-vis third countries;  
(iii) the removal, between Member States, of obstacles to the free movement of 
persons, goods, service and capital, and to the right of residence and 
establishment. 
(e) the establishment of an economic union through the adoption of common policies in 
the economic, financial social and cultural sectors, and the creation of a monetary 
union; 
(f) the promotion of joint ventures by privat e sectors enterprises and other economic 
operators, in particular through the adopti on of a regional agreement on cross-border 
investments;  
(g) the adoption of measures for the integration of the private sectors, particularly the 
creation of an enabling environment to promote small and medium scale enterprises;  
(h) the establishment of an enabling legal environment;  
(i) the harmonization of national investment c odes leading to the adoption of a single 
Community investment code;  
(j) the harmonization of standards and measures;  
(k) the promotion of balanced development of the region, paying attention to the special 
problems of each Member State particularly those of land-locked and small island Member States;  
(l) the encouragement and strengthening of rela tions and the promotion of the flow of 
information particularly among rural popul ations, women and youth organizations 
and socio professional organizations such as associations of the media, business men and women, workers, and trade unions;  
(m) the adoption of a Community population polic y which takes into account the need for 
a balance between demographic factor s and socio economic development;  
(n) the establishment of a fund for cooperation, compensation and development;  and  
(o) any other activity that Member States may deci de to undertake jointly with a view to 
attaining Community objectives.   WT/COMTD/54 
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 Article 4 
 
Fundamental Principles  
 
The High Contracting Parties , in pursuit of the objectives stated in Article 3 of this Treaty, 
solemnly affirm and declare their a dherence to the following principles: 
 
(a) equality and inter-dependence of Member States;  
(b) solidarity and collective self-reliance;  
(c) inter-State cooperation, harm onization of policies and inte gration of programmes;  
(d) non-aggression between Member States;  
(e) maintenance of regional peace, stability and security through the promotion and 
strengthening of good neighbourliness;  
(f) peaceful settlement of disputes among Member States, active cooperation between 
neighbouring countries and promotion of a p eaceful environment as a prerequisite for 
economic development;  
(g) recognition promotion and protection of hum an and peoples' rights in accordance 
with the provisions of the African Charter on Human and Peoples' Rights;  
(h) accountability, economic and social justice a nd popular participation in development;  
(i) recognition and observance of the rules and principles of the Community;  
(j) promotion and consolidation of a democra tic system of governance in each Member 
State as envisaged by the Declaration of Political Principles adopted in Abuja on 
6 July 1991;  and  
(k) equitable and just distribution of the cost s and benefits of ec onomic cooperation and 
integration. 
Article 5 
 
General Undertakings  
 
1. Member States undertake to create favourable condi tions for the attainment of the objectives 
of the Community, and particularly to take all necessary measures to harmonize their strategies and 
policies, and to refrain from any action that may hinder the attainment of the said objectives.  
2. Each Member State shall, in accordance with its constitutional procedures, take all necessary 
measures to ensure the enactment and dissemination of  such legislative and statutory texts as may be 
necessary for the implementation of the provisions of this Treaty.  
3. Each Member State undertakes to honour its obligations under this Treaty and to abide by the 
decisions and regulations of the Community.  
 WT/COMTD/54 
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 CHAPTER III:  INSTITUTIONS OF THE COMMUNITY - ESTABLISHMENT,  
COMPOSITION AND FUNCTIONS  
 
Article 6 
 
Institutions
 
 
1. The Institutions of the Community shall be:  
(a) the Authority of Heads of State and Government;  
(b) the Council of Ministers; 
(c) the Community Parliament; 
(d) the Economic and Social Council; 
(e) the Community Court of Justice; 
(f) the Executive Secretariat; 
(g) the Fund for Cooperation, Compensation and Development; 
(h) Specialised Technical Commissions;  and 
(i) Any other institutions that may be established by the Authority.  
2. The Institutions of the Community shall perform their functions and act within the limits of 
the powers conferred on them by this Treaty and by the Protocols relating thereto.  
Article 7 
 
Authority of Heads of State and Governme nt Establishment, Composition and Functions   
 
1. There is hereby established the Authority of Heads of State and Government of Member 
States which shall be the supreme institution of th e Community and shall be composed of Heads of 
State and/or Government of Member States.  
2. The Authority shall be responsible for the ge neral direction and control of the Community. 
and shall take all measures to ensure its progressive development and the realization of its objectives.  
3. Pursuant to the provisions of Paragraph 2 of this Article, the Authority shall:  
(a) determine the general policy and major guide lines of the Community, give directives, 
harmonize and coordinate the economic, sci entific, technical, cultural and social 
policies of Member States;  
(b) oversee the functioning of Community ins titutions and follow-up implementation of 
Community objectives;  
(c) prepare and adopt its Rules of Procedure;   WT/COMTD/54 
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 (d) appoint the Executive Secretary in accordance w ith the provisions of Article 18 of this 
Treaty;  
(e) appoint, on the recommendation of Council, the External Auditors;  
(f) delegate to the Council, where necessary, th e authority to take such decisions as are 
stipulated in Article 9 of this Treaty;  
(g) refer where it deems necessary any matter to the Community Court of Justice when it 
confirms, that a Member State or institution of the Community has failed to honour any of its obligations or an institution of the Community has acted beyond the limits of its authority or has abused the powers conferred on it by the provisions of this Treaty, by a decision of the Authority or a regulation of the Council;  
(h) request the Community Court of Justice as and when necessary, to give advisory 
opinion on any legal questions;  and  
(i) exercise any other powers conferred on it under this Treaty.  
Article 8 
 
Sessions 
 
 
1. The Authority shall meet at least once a year in ordinary session.  An extra ordinary session 
may be convened by the Chairman of the Authority or  at the request of a Member State provided that 
such a request is supported by a simple majority of the Member States.  
2. The office of the Chairman shall be held ev ery year by a Member State elected by the 
Authority.  
Article 9 
 
Decisions  
 
1. The Authority shall act by decisions.  
2. Unless otherwise provided in this Treaty or in a Protocol decisions of the Authority shall be 
adopted, depending on the subject matter under cons ideration by unanimity, consensus or, by a 
two-thirds majority of the Member States.  
3. Matters referred to in paragra ph 2 above shall be defined in a Protocol.  Until the entry into 
force of the said Protocol, the Authority shall c ontinue to adopt its decisions by consensus.  
4. Decisions of the Authority shall be binding on the Member States and institutions of the 
Community, without prejudice to the provisions of  paragraph 3 of Article 15 of this Treaty.  
5. The Executive Secretary shall publish the decisions thirty (30) days after the date of their 
signature by the Chairman of Authority.  
6. Such decisions shall automatically  enter into force sixty (60) days after the date of their 
publication in the Official Journal of the Community.  WT/COMTD/54 
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 7. Decisions shall be published in the National Gazette of each Member State within the period 
stipulated in paragraph 6 of this Article. 
Article 10 
 
The Council of Ministers
 
Establishment, Composition and Functions  
 1. There is hereby established a Council of Ministers of the Community.  
2. The Council shall comprise the Minister in charge of ECOWAS Affairs and any other 
Minister of each Member State.  
3. Council shall be responsible for the functioning and development of the Community.  To this 
end, unless otherwise provided in this Treaty or a Protocol, Council shall:  
(a) make recommendations to the Authority on any action aimed at attaining the 
objectives of the Community;  
(b) appoint all statutory appointees other than the Executive Secretary;  
(c) by the powers delegated to it by the Author ity, issue directives on matters concerning 
coordination and harmonization of economic integration policies;  
(d) make recommendations to the Authority on the appointment of the External Auditors;  
(e) prepare and adopt its rules of procedure;  
(f) adopt the Staff Regulations and approve  the organizational structure of the 
institutions of the Community;  
(g) approve the work programmes and budgets of  the Community and its institutions;  
(h) request the Community Court of Justice, wh ere necessary, to give advisory opinion 
on any legal questions;  
(i) carry out all other functions assigned to it under this Treaty and exercise all powers 
delegated to it by the Authority.  
Article 11 
 
Meetings 
 
 
1. The Council shall meet at least twice a year in ordinary session.  One of such sessions shall 
immediately precede the ordinary session of the Authority.  An extraordinary session may be 
convened by the Chairman of Council or at the reque st of a Member State provided that such request 
is supported by a simple majority of the Member States.  
2. The office of Chairman of Council shall be he ld by the Minister responsible for ECOWAS 
Affairs of the Member State elected as Chairman of the Authority.   WT/COMTD/54 
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 Article 12 
 
Regulations  
 
1. The Council shall act by regulations.  
2. Unless otherwise provided in this Treaty regulations of the Council shall be adopted, 
depending on the subject matter under consideration,  by unanimity, consensus or by a two-thirds 
majority of Member States, in accordance with the Prot ocol referred to in Article 9 paragraph 3 of this 
Treaty.  Until the entry into force of the said Protocol, the Council shall continue to adopt its regulations by consensus.  
3. Regulations of the Council shall be binding on in stitutions under its authority.  They shall be 
binding on Member States after their approval by the Authority.  However, in the case of regulations 
made pursuant to a delegation of powers by the Authority in accordance with paragraph 3(f) of 
Article 7 of this Treaty, they shall be binding forthwith.  
4. Regulations shall be published a nd shall enter into force within  the same period and under the 
same conditions stipulated in  paragraphs 5, 6 and 7 of Article 9 of this Treaty.  
Article 13 
 
The Community Parliament 
 
 
1. There is hereby established a Parliament of the Community.  
2. The method of election of the Members of the Community Parliament, its composition. 
functions, powers and organization shall be de fined in a Protocol relating thereto.  
Article 14 
 
The Economic and Social Council  
  
1. There is hereby established an Economic and So cial Council which shall have an advisory 
role and whose composition shall include representa tives of the various categories of economic and 
social activity.  
2. The composition, functions and organization of  the Economic and Social Council shall be 
defined in a Protocol relating thereto.  
Article 15 
 
The Court of Justice Establishment and Functions  
 
1. There is hereby established a Court of Justice of the Community.  
2. The status, composition, powers, procedure and other issues concerning the Court of Justice 
shall be as set out in a Protocol relating thereto.  
3. The Court of Justice shall carry out the functi ons assigned to it independently of the Member 
States and the institutions of the Community.  WT/COMTD/54 
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 4. Judgements of the Court of Justice shall be bi nding on the Member States, the Institutions of 
the Community and on individuals and corporate bodies.  
Article 16 
 
Arbitration Tribunal Esta blishment and Functions 
 
 
1. There is hereby established an Arbitration Tribunal of the Community.  
2. The status, composition, powers, procedure and other issues concerning the Arbitration 
Tribunal shall be as set out in a Protocol relating thereto.  
Article 17 
 
The Executive Secretariat Establishment and Composition  
 
1. There is hereby established an Execu tive Secretariat of the Community.  
2. The Secretariat shall be headed by the Ex ecutive Secretary assisted by Deputy Executive 
Secretaries and such other staff as may be required for the smooth functioning of the Community.  
Article 18 
 
Appointments  
 
1. The Executive Secretary shall be appointed by the Authority for a four-year term renewable 
only once for another four-year period.  He can onl y be removed from office by the Authority upon its 
own initiative or on the recommendation of the Council of Ministers.  
2. The Ministerial Committee on the Selection and Evaluation of the Performance of Statutory 
Appointees shall evaluate the three (3) candidate s nominated by the Member State to which the 
statutory post has been allocated and make recommendations to the Council of Ministers.  Council 
shall propose to the Authority the appointm ent of the candidate adjudged the best.  
3. The Executive Secretary shall be a person of proven competence and integrity, with a global 
vision of political and economic pr oblems and regional integration.  
4. (a) The Deputy Executive Secretaries and other Statutory Appointees shall be appointed 
by the Council of Ministers on the proposal of the Ministerial Committee on the Selection and Evaluation of the Performance of Statutory Appointees following the 
evaluation of the three (3) candidates nominated by their respective Member States to 
whom the posts have been allocated.  They  shall be appointed for a period of four 
years renewable only once for a further four-year term.  
(b) Vacancies shall be advertised in all Member  States to which statutory posts have been 
allocated. 
5. In appointing professional staff of the community, due regard shall be had, subject to ensuring 
the highest standards of efficiency and technical competence, to maintaining equitable geographical 
distribution of posts among nationals of all Member States.  
  WT/COMTD/54 
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 Article 19 
 
Functions  
 
1. Unless otherwise provided in the Treaty or in a Protocol, the Executive Secretary shall be the 
chief executive officer of the Community and all its institutions.  
2. The Executive Secretary shall di rect the activities of the Executive Secretariat and shall, 
unless otherwise provided in a Protocol, be the le gal representative of the Institutions of the 
Community in their totality.  
3. Without prejudice to the general scope of his responsibilities, the duties of the Executive 
Secretary shall include:  
(a) execution of decisions taken by the Authority and application of the regulations of the 
Council;  
(b) promotion of Community development programmes and projects as well as 
multinational enterprises of the region;  
(c) convening as and when necessary meetings of sectoral Ministers to examine sectoral 
issues which promote the achievement of the objectives of the Community;  
(d) preparation of draft budgets and progra mmes of activity of the Community and 
supervision of their execution upon their approval by Council;  
(e) submission of reports on Community activities to all meetings of the Authority and 
Council;  
(f) preparation of meetings of the Authority a nd Council as well as meetings of experts 
and technical commissions and provision of necessary technical services;  
(g) recruitment of staff of the Community and appointment to posts other than statutory 
appointees in accordance with the Staff Rules and Regulations;  
(h) submission of proposals and preparation of su ch studies as may assist in the efficient 
and harmonious functioning and de velopment of the Community;  
(i) initiation of draft texts for adoption by the Authority or Council.  
Article 20 
 
Relations Between the Staff of the Community and Member States  
  
1. In the performance of their duties, the Executiv e Secretary, the Deputy Executive Secretaries, 
and other staff of the Community shall owe their loyalty entirely and be accountable only to the 
Community.  In this regard, they shall neither seek  nor accept. instructions from any government or 
any national or international authority external to the Community.  They shall refrain from any 
activity or any conduct incompatible with their status as international civil servants.  
2. Every Member State undertakes to respect the in ternational character of the office of the 
Executive Secretary, the Deputy Executive Secretar ies, and other staff of the Community and 
undertakes not to seek to influence them in the performance of their duties.  WT/COMTD/54 
Page 14  
 
 3. Member States undertake to cooperate with the Executive Secretariat and other institutions of 
the Community and to assist them in the discharge of the duties assigned to them under this Treaty.  
Article 21 
 
Fund for Cooperation, Compensation and Devel opment Establishment, Status and Functions 
 
 
1. There is hereby established a Fund for Coopera tion, Compensation and Development of the 
Community.  
2. The status, objectives and functions of the fund ar e defined in the Protocol relating thereto.  
Article 22 
 
Technical Commissions Establishment and Composition  
 
1. There is hereby established the following Technical Commissions:  
(a) Food and Agriculture; 
(b) Industry, Science and Technology and Energy; 
(c) Environment and Natural Resources; 
(d) Transport, Communications and Tourism; 
(e) Trade, Customs, Taxation, Statistics, Money and Payments; 
(f) Political, Judicial and Legal Affairs, Regional Security and Immigration; 
(g) Human Resources, Information, Social and Cultural Affairs;  and 
(h) Administration and Finance Commission.  
2. The Authority may, whenever it deems appropria te, restructure the existing Commissions or 
establish new Commissions.  
3. Each commission shall comprise representatives of each Member State.  
4. Each Commission may, as it deems necessary, set up subsidiary commissions to assist it in 
carrying out its work.  It shall determine the composition of any such subsidiary commission.  
Article 23 
 
Functions  
 
 Each Commission shall, within its field of competence:  
 
(a) prepare Community projects and programm es and submit them for the consideration 
of Council through the Executive Secretary, either on its own initiative or at the request of Council or the Executive Secretary;   WT/COMTD/54 
 Page 15 
 
 
 (b) ensure the harmonization and coordinati on of projects and programmes of the 
Community;  
(c) monitor and facilitate the application of the provisions of this Treaty and related 
Protocols pertaining to its area of responsibility;  
(d) carry out any other functions assigned to it for the purpose of ensuring the 
implementation of the provisions of this Treaty.  
Article 24 
 
Meetings  
  
 Subject to any directives given by the Counc il, each Commission shall meet as often as 
necessary.  It shall prepare its rules of procedur e and submit them to the Council for approval.  
  
CHAPTER IV:  COOPERATION IN FOOD AND AGRICULTURE  
 
Article 25 
 
Agricultural Development and Food Security 
 
 
1. Member States shall cooperate in the developm ent of agriculture, forestry, livestock and 
fisheries in order to:  
(a) ensure food security;  
(b) increase production and productivity in agricultu re, livestock, fisheries and forestry, 
and improve conditions of work and generate employ ment opportunities in rural 
areas;  
(c) enhance agricultural production through processing locally, animal and plant 
products;  and  
(d) protect the prices of export commodities on the international market.  
2. To this end, and in order to promote the integr ation, of production structures, Member States 
shall cooperate in the following fields:  
(a) the production of agricultural inputs, fe rtilizers, pesticides, selected seeds, 
Agricultural machinery and equipm ent and veterinary products;  
(b) the development of river and lake basins;  
(c) the development and protection of marine and fishery resources;  
(d) plant and animal protection;  
(e) the harmonization of agricultural developm ent strategies and policies particularly 
pricing and price support policies on the pr oduction, trade and marketing of major 
agricultural products and inputs;  and  WT/COMTD/54 
Page 16  
 
 (f) the harmonization of food security policies paying particular attention to:  
(i) the reduction of losses in food production;  
(ii) the strengthening of existing instituti ons for the management of natural 
calamities, agricultural diseases and pest control;  
(iii) the conclusion of agreements on food s ecurity at the regional level;  and  
(iv) the provision of food aid to Member States in the event of serious food 
shortage.  
(g) the establishment of an early warning system;  and  
(h) the adoption of a common agricultural policy especially in the fields of research, 
training, production, preservation, processi ng and marketing of the products of 
agriculture, forestry, livestock and fisheries.  
 
CHAPTER V:  COOPERATION IN INDUSTRY, SCIENCE AND 
TECHNOLOGY AND ENERGY  
 
Article 26 
 
Industry 
 
 
1. For the purpose of promoting industrial developm ent of Member States and integrating their 
economies, Member States shall, harmoni ze their industrialization policies.  
2. In this connection, Member States shall:  
(a) strengthen the industrial base of the Community, modernise the priority sectors and 
foster self-sustained and self-reliant development;  
(b) promote joint industrial development projects as well as the creation of multinational 
enterprises in priority industrial sub-sectors likely to contribute to the development of 
agriculture, transport and communicati ons, natural resources and energy.  
3. In order to create a solid basic for industria lization and promote collective self reliance, 
Member States shall:  
(a) ensure, on the one hand, the developmen t of industries essential for collective 
self-reliance and, on the other, the modernization of priority sectors of the economy especially:  
(i) food and agro-based industries;  
(ii) building and construction industries;  
(iii) metallurgical industries;  
(iv) mechanical industries;   WT/COMTD/54 
 Page 17 
 
 
 (v) electrical, electronics and computer industries;  
(vi) pharmaceutical, chemical and petrochemical industries;.  
(vii) forestry industries;  
(viii) energy industries;  
(ix) textile and leather industries;  
(x) transport and communications industries;  
(xi) bio-technology industries;  
(xii) tourist and cultural industries.  
(b) give priority and encouragement to the est ablishment and strengthening of private and 
public multinational industrial projects likely to promote integration;  
(c) ensure the promotion of medium and small-scale industries;  
(d) promote intermediate industries that have strong linkages to the economy in order to 
increase the local component of industrial output within the Community;  
(e) prepare a regional master plan for the establishment of industries particularly those 
whose construction cost and volume of production exceed national, financial and 
absorptive capacities;  
(f) encourage the establishment of specialised  institutions for the financing of West 
African multinational industrial projects;  
(g) facilitate the establishment of West Afri can multinational enterprises and encourage 
the participation of West African entrep reneurs in the regional industrialization 
process;  
(h) promote the sale and consumption of stra tegic industrial products manufactured in 
Member States;  
(i) promote technical cooperation and the exch ange of experience in the field of 
industrial technology and implement tec hnical training programmes among Member 
States;  
(j) establish a regional data and statistical information base to support industrial 
development at the regional and continental levels;  
(k) promote, on the basis of natural resource endowments, industrial specialization in 
order to enhance complementarity and expand the intra-Community trade base;  and  
(l) adopt common standards and appropriate quality control systems.  
 
 WT/COMTD/54 
Page 18  
 
 Article 27 
 
Science and Technology
 
 
1. Member States shall:  
(a) strengthen their national scientific and technological capabilities in order to bring 
about the socio economic transformation requi red to improve the quality of life of 
their population;  
(b) ensure the proper application of science and technology to the development of 
agriculture, transport and communications, industry, health and hygiene, energy, 
education and manpower and the conservation of the environment;  
(c) reduce their dependence on foreign technology and promote their individual and 
collective technological self-reliance;  
(d) cooperate in the development, acquis ition and dissemination of appropriate 
technologies;  and  
(e) strengthen existing scientific research ins titutions and take all necessary measures to 
prepare and implement joint scientific re search and technological development 
programmes. 
2. In their cooperation in this field, Member States shall:  
(a) harmonize, at the Community level, their national policies on scientific and 
technological research with a view to facilitating their integration into the national 
economic and social development plans;  
(b) coordinate their programmes in applied resea rch, research for development, scientific 
and technological services;  
(c) harmonize their national technological development plans by placing special 
emphasis on indigenous and adapted technologies as well as their regulations on 
industrial property and transfer of technology;  
(d) coordinate their positions on all scientific a nd technical questions forming the subject 
of international negotiations;  
(e) carry out a permanent exchange of in formation and documentation and establish 
Community data networks and data banks;  
(f) develop joint programmes for training scientific and technological cadres, including 
the training and further training of skilled manpower;  
(g) promote exchanges of researchers and specialists among Member States in order to 
make full use of the technical skills available within the Community;  and  
(h) harmonize the educational systems in order to  adapt better educational, scientific and 
technical training to the specific de velopment needs of the West African 
environment.   WT/COMTD/54 
 Page 19 
 
 
 Article 28 
 
Energy  
 
1. Member States shall coordinate and harmonize their policies and programmes in the field of 
energy.  
2. To this end, they shall:  
(a) ensure the effective development of the energy resources of the region;  
(b) establish appropriate cooperation mechanis ms with a view to ensuring a regular 
supply of hydrocarbons;  
(c) promote the development of new and renewabl e energy particularly solar energy in 
the framework of the policy of dive rsification of sources of energy;  
(d) harmonize their national energy development pl ans by ensuring particularly the inter- 
connection of electricity distribution networks;  
(e) articulate a common energy policy, particularly , in the field of research, exploitation, 
production and distribution;  
(f) establish an adequate mechanism for th e collective solution of the energy 
development problems within the Community, particularly those relating to energy transmission, the shortage of skilled tec hnicians and financial resources for the 
implementation of energy projects of Member States.  
 
CHAPTER VI:  COOPERATION IN ENVIRONMENT AND 
NATURAL RESOURCES  
 
Article 29 
 
Environment
 
 
1. Member States undertake to protect, preserve and enhance the natural environment of the 
region and cooperate in the event of natural disasters.  
2. To this end, they shall adopt policies, stra tegies and programmes at national and regional 
levels and establish appropriate in stitutions to protect. preserve and enhance the environment, control 
erosion, deforestation, desertification, locusts and other pests.  
Article 30 
 
Hazardous and Toxic Wastes  
 
1. Member States undertake, individually and collec tively, to take every appropriate step to 
prohibit the importation, transiting, dumping and burying of hazardous and toxic wastes in their 
respective territories.  
2. They further undertake to adopt all necessary measu res to establish a regional dump-watch to 
prevent the importation, transiting, dumping and buryi ng of hazardous and toxic wastes in the region.  WT/COMTD/54 
Page 20  
 
 Article 31 
 
Natural Resources
 
 
1. Member States shall harmonize and coordinate their policies and programmes in the field of 
natural resources.  
2. To this end, they shall:  
(a) seek better knowledge and undertake an assessment of their natural resources 
potential;  
(b) improve methods of pricing and marketi ng of raw materials through a concerted 
policy;  
(c) exchange information on the prospecti on, mapping, production and processing of 
mineral resources, as well as on the prospec tion, exploitation a nd distribution of 
water resources;  
(d) coordinate their programmes for developm ent and utilization of mineral and water 
resources;  
(e) promote vertical and horizontal inte r-industrial relationships which may be 
established among Member States in the c ourse of developing such resources;  
(f) promote the continuous training of sk illed manpower and prepare and implement 
joint training and further training programmes for cadres in order to develop the human resources and the appropriate technological capabilities required for the 
exploration, exploitation and processi ng of mineral and water resources;  
(g) coordinate their positions in all internati onal negotiations on raw materials;  and  
(h) develop a system of transfer of expertise and exchange of scientific, technical and 
economic remote sensing data among Member States.  
 
CHAPTER VII:  COOPERATION IN TRANSPORT,  
COMMUNICATIONS AND TOURISM  
 
Article 32 
 
Transport and Communications 
 
 
1. For the purpose of ensuring the harmonious integration of the physical infrastructures of 
Member States and the promotion and facilitation of  the movement of persons, goods and services 
within the Community.  Member States undertake to:  
(a) evolve common transport and communicati ons policies, laws and regulations;  
(b) develop an extensive network of all- weather highways within the Community, 
priority being given to the inter-State highways;   WT/COMTD/54 
 Page 21 
 
 
 (c) formulate plans for the improvement and inte gration of railway and road networks in 
the region;  
(d) formulate programmes for the improvement of coastal shipping services and inter-
state inland waterways and the harmonization of policies on maritime transport and services;  
(e) coordinate their positions in internati onal negotiations in the area of maritime 
transport;  
(f) encourage cooperation in flight-scheduling, leasing of aircraft and granting and joint 
use of fifth freedom rights to airlines of the region;  
(g) promote the development of regional air transportation services and endeavour to 
bring about the merger of national airlines in order to promote their efficiency and 
profitability;  
(h) facilitate the development of human r esources through the harmonization and 
coordination of their national training programmes and policies in the area of transportation in general and ai r transport in particular;  
(i) endeavour to standardize equipment used  in transport and communications and 
establish common facilities for produc tion, maintenance and repair.  
2. Member States also undertake to  encourage the establishment and promotion of joint ventures 
and Community enterprises and the participation of  the private sector in the areas of transport and 
communications.  
Article 33 
 
Posts and Telecommunications 
 
 
1. In the area of postal services,  Member States undertake to:  
(a) foster closer cooperation between their postal administrations;  
(b) ensure, within the Community, efficient, sp eedier and. more frequent postal services;  
(c) harmonize mail routing;  
2. In the area of telecommunications, Member States shall:  
(a) develop, modernize, coordinate and sta ndardize their national telecommunications 
networks in order to provide reliable interconnection among Member States;  
(b) complete, with despatch, the section of the pan-African telecommunications network 
situated in West Africa;  
(c) coordinate their efforts with regard to the operation and maintenance of the West 
African portion of the pan-African te lecommunications network and in the 
mobilization of national and inte rnational financial resources.  WT/COMTD/54 
Page 22  
 
 3. Member States also undertake to encourage the pa rticipation of the private sector in offering 
postal and telecommunications services, as a means of attaining the objectives set out in this Article.  
Article 34 
 
Tourism 
 
 
For the purposes of ensuring the harmonious and viable development of tourism within the 
Community, Member States undertake to:  
(a) strengthen regional cooperation in tourism, particularly through:  
(i) the promotion of intra-Community to urism by facilitating movement of 
travellers and tourists;  
(ii) the harmonization and coordination of tourism development policies, plans 
and programmes;  
(iii) the harmonization of regulations govern ing tourism and hotel management 
activities;  
(iv) the institution of a Community referen ce framework for tourism statistics; 
and  
(v) the joint promotion of tourism products portraying the natural and 
sociocultural values of the region.  
(b) promote the establishment of efficient touris m enterprises to cater for the needs of the 
peoples of the region and foreign tourists through:  
(i) the adoption of measures aimed at promoting investment in tourism and hotel 
management;  
(ii) the promotion of the establishment in Member States of professional tourism 
and hotel management associations;  
(iii) the development and optimum utilization of human resources for tourism in 
the region;  and  
(iv) the strengthening or establishment of regional tourism training institutions 
where necessary.  
(c) eliminate all discriminating measures and pr actices against Community citizens in the 
area of tourist and hotel services.  
 
 
 
 
  WT/COMTD/54 
 Page 23 
 
 
 CHAPTER VIII:  COOPERATION IN TRADE, CUSTOMS, TAXATION, 
STATISTICS, MONEY AND PAYMENTS  
 
Article 35 
 
Liberalization of Trade  
 
1. There shall be progressively established in the course of a period of ten (10) years effective 
from 1 January 1990 as stipulated in Article 54, a Customs Union among the Member States.  Within 
this union, Customs duties or other charges with e quivalent effect on Communi ty originating imports 
shall be eliminated.  
2. Quota, quantitative or like restrictions or pr ohibitions and administrative obstacles to trade 
among the Member States shall also be removed.  Fu rthermore, a common external tariff in respect of 
all goods imported into the Member States from thir d countries shall be established and maintained.  
Article 36 
 
Customs Duties  
 
1. Member States shall reduce and ultimately eliminate Customs duties and any other charges 
with equivalent effect except duties notified in  accordance with Article 40 and other charges which 
fall within that Article, imposed on or in connectio n with the importation of goods which are eligible 
for Community tariff treatment in accordance with Artic le 38 of this Treaty.  Any such duties or other 
charges are herein after referred to as "import duties".  
2. Community-originating unprocessed goods and trad itional handicraft products shall circulate 
within the region free of all import duties and quantitative restrictions. There shall be no 
compensation for loss of revenue resulting from the importation of these products.  
3. Member States undertake to eliminate import duti es on industrial goods which are eligible for 
preferential Community tariff treatment in accordance with the decisions of the Authority and Council 
relating to the liberalization of intra-Community trade in industrial products.  
4. The Authority may at any time, on the recommenda tion of the Council, decide that any import 
duties shall be reduced more rapidly or eliminated ear lier than stipulated in any previous instrument or 
decision.  However, the Council shall, not later th an one calendar year preceding the date in which 
such reductions or eliminations come into effect, examine whether such reductions or eliminations 
shall apply to some or all goods and in respect of some or all the Member States and shall report the 
result of such examination for th e decision of the Authority.  
Article 37 
 
Common External Tariff  
  
1. Member States agree to the gradual establishment of a common external tariff in respect of all 
goods imported into the Member States from third countries in accordance with a schedule to be 
recommended by the Trade, Customs, Taxation, Statistics, Money and Payments Commission.  
2. Member States shall, in accordance with a schedule to be recommended by the Trade, 
Customs, Taxation, Statistics, Money and Payments Commission, abolish existing differences in their 
external Customs tariffs.  WT/COMTD/54 
Page 24  
 
 3. Member States undertake to apply the common Customs nomenclature and Customs 
statistical nomenclature adopted by Council.  
Article 38 
 
Community Tariff Treatment 
 
 
1. For the purposes of this Treaty, goods shall be accepted as eligible for Community tariff 
treatment if they have been consigned to the territory of the importing Member States from the 
territory of another Member State and originate from the Community.  
2. The rules governing products originating from the Community shall be as contained in the 
relevant Protocols and Decisions of the Community.  
3. The Trade, Customs, Taxation, Statistics, Money and Payments Commission shall from time 
to time examine whether the rules referred to in pa ragraph 2 of this Article can be amended to make 
them simpler and more liberal.  In order to ensu re their smooth and equitable operation, the Council 
may from time to time amend them.  
Article 39 
 
Trade Deflection  
 
1. For the purposes of this Article, trade is said to be deflected if, 
(a) Imports of any particular product by a Member State from another Member State 
increase,  
(i) as a result of the reduction or elimin ation of duties and charges on that 
product;  and  
(ii) because duties and charges levied by the exporting Member States on imports 
of raw materials used for manufacture of the product in question are lower 
than the corresponding duties and char ges levied by the importing Member 
State;  and  
(b) this increase in imports causes or could cau se serious injury to production which is 
carried on in the territory of the importing Member State.  
2. The Council shall keep under review the question of trade deflection and its causes.  It shall 
take such decisions as are necessary, in order to deal with the causes of this deflection.  
3. In case of trade deflection to the detriment of a Member State resulting from the abusive 
reduction or elimination of duties and charges levied by another Member State, the Council shall study the question in order to arrive at a just solution.  
Article 40 
 
Fiscal Charges and Internal Taxation 
 
 
1. Member States shall not apply directly or indirectly to imported goods from any Member 
State fiscal charges in excess of those applie d to like domestic goods or otherwise impose such 
charges for the effective protection of domestic goods.   WT/COMTD/54 
 Page 25 
 
 
 2. Member States shall eliminate all effective intern al taxes or other internal charges that are 
made for the protection of domestic  goods not later than four (4) years after the commencement of the 
trade liberalization scheme referred to in Article 54 of this Treaty.  Where by virtue of obligations 
under an existing contract entered into by a Member  State such a Member St ate is unable to comply 
with the provisions of this Article, the Member State shall duly notify the Council of this fact and 
shall not extend or renew such contract at its expiry.  
3. Member States shall eliminate progressively all revenue duties designed to protect domestic 
goods not later than the end of the period for the a pplication bf the trade liberalization scheme referred 
to in Article 54 of this Treaty.  
4. Member States undertake to be bound by the c onsolidated import duties contained in the 
ECOWAS Customs Tariff for the purposes of tr ade liberalization within the Community.  
5. Member States undertake to avoid double ta xation of Community citizens and grant 
assistance to one another in combating international tax evasion.  
6. The conditions and modalities for granting such assistance shall be as contained in a Double 
Taxation and Assistance Convention.  
Article 41 
 
Quantitative Restrictions on Community Goods  
 
1. Except as may be provided for or permitted by th is Treaty, Member States undertake to relax 
gradually and to remove over a maximum period of four (4) years after the launching of the trade 
liberalization scheme referred to in Article 54, a ll the then existing quota, quantitative or like 
restrictions or prohibitions which apply to the import into that State of goods originating in the other 
Member States and thereafter refrain from imposi ng any further restrictions or prohibitions. 
Whereby virtue of obligations under an existing co ntract entered into by a Member State such a 
Member State is unable to comply with the provisi ons of this Article, the member State shall duly 
notify Council of this fact and shall not exte nd or renew such contract at its expiry.  
2. The Authority may at any time, on the recomme ndation of the Council decide that any quota, 
quantitative or like restrictions or prohibitions shall be relaxed more rapidly or removed earlier than 
agreed upon under paragraph 1 of this Article.  
3. A Member State may, after having given notice to the Executive Secretary and the other 
Member States of its intention to do so, introduce or  continue to execute restrictions or prohibitions 
affecting:  
(a) the application of security laws and regulations;  
(b) the control of arms, ammunition and ot her war equipment and military items;  
(c) the protection of human, animal or plant health or life, or the protection of public 
morality;  
(d) the transfer of gold, silver and precious and semi-precious stones;  
(e) the protection of national artistic and cultural property;  
(f) the control of narcotics, hazardous and toxic wastes, nuclear materials, radioactive; WT/COMTD/54 
Page 26  
 
 (g) products or any other material used in th e development or exploitation of nuclear 
energy.  
4. Member States shall not so exercise the right  to introduce or continue to execute the 
restrictions or prohibitions referred to in paragraph 3 of this Article as to stultify the free movement of 
goods envisaged in paragraph 1 of this Article.  
Article 42 
 
Dumping 
 
 
1. Member States undertake to prohibit the prac tice of dumping goods within the Community.  
2. For the purposes of this Article, "dumping" mean s the transfer of goods originating in a 
Member State to another Member State for sale: 
(a) at a price lower than the comparable pri ce charged for similar goods in the Member 
States where such goods originate (due allo wance being made for the differences in 
the conditions of sale or in taxation or  for any other factors affecting the 
comparability of prices);  and  
(b) under circumstances likely to prejudice the production of similar goods in that 
Member State.  
3. In the event of alleged dumping the importing Member State shall appeal to Council to 
resolve the matter.  
4. Council shall consider the issue and take appr opriate measures to determine the causes of the 
dumping.  
Article 43 
 
Most Favoured Nation Treatment  
 
1. Member States shall accord to one another in  relation to trade between them the most 
favoured nation treatment.  In no case shall tariff concessions granted to a third country by a Member State be more favourable than those applicable under this Treaty.  
2. Any agreement between a Member State and a third country under which tariff concessions 
are granted, shall not derogate from the obligations of that Member State under this Treaty.  
3. Copies of such agreements referred to in para graph 2 of this Article shall be transmitted by 
the Member States which are parties to them, to  the Executive Secretariat of the Community.  
Article 44 
 
Internal Legislation 
 
 
Member States undertake not to enact legislation and/or make regulations which directly or 
indirectly discriminate against the same or  like products of another Member State.  
  WT/COMTD/54 
 Page 27 
 
 
 Article 45 
 
Re-Exportation of Goods and Transit Facilities  
  
1. Where Customs duty has been charged and collected on any goods imported from third 
country into a Member State the re-exportation of such goods into another Member State shall be 
subject to the provisions of the Protocol relating to  the re-exportation of goods within the Community.  
2. Each Member State, in accordance with international regulations and the ECOWAS 
Convention relating to Inter-State Road Transit of Goods, shall grant full and unrestricted freedom of 
transit through its territory for goods proceeding to or from a third country indirectly through that 
territory to or from other Member States; and such transit shall not be subject to any discrimination, 
quantitative restrictions, duties or other charges.  
3. Notwithstanding paragraph 2 of this Article, 
(a) goods in transit shall be subject to the Customs law;  and  
(b) goods in transit shall be liable to the charges usually made for carriage and for any 
services which may be rendered, provided such charges are not discriminatory and 
are inconformity with intern ational transit regulations.  
4. Where goods are imported from a third country into one Member State, each of the other 
Member States shall be free to regulate the transfer  to it of such goods whether by a system of 
licensing and controlling importers or by other means.  
5. The provisions of paragraph 4 of this Article shall apply to goods which, under the provisions 
of Article 38 of this Treaty, fail to be accepted as originating in a Member State.  
Article 46 
 
Customs Cooperation and Administration  
 
 Member States shall in accordance with the advi ce of the Trade, Customs Taxation, Statistics, 
Money and Payments Commission and the provisions  of the Convention for Mutual Administrative 
Assistance in Customs Matters, take appropriate measures to harmonize and standardize their Customs regulations and procedures to ensure the effective application of the provisions of this 
Chapter and to facilitate the movement of  goods and services across their frontiers.  
 
Article 47 
 
Drawback 
 
 
1. The procedure to determine the eligibility for Co mmunity tariff treatment of goods in relation 
to which drawback is claimed or made use of in  connection with their exportation from the Member 
States in the territory of which the goods have unde rgone the last process of production, shall be the 
subject of an additional Protocol.  
2. For the purposes of this Article:  
(a) "drawback" means any arrangement, including temporary duty-free admission, for the 
refund of all or part of the duties applicab le to imported raw materials, provided that WT/COMTD/54 
Page 28  
 
 the arrangement, expressly or in effect, allo ws such refund or remission if goods are 
exported but not if they are retained for home use;  
(b) "remission" includes exemption from duties for goods imported into free ports, free 
zones or other places which have similar Customs privileges;  and  
(c) "duties" means Customs duties and any other charge, with equivalent effect imposed 
on imported goods, except the non-protective el ement in such duties or charges.  
Article 48 
 
Compensation for Loss of Revenue 
 
 
1. The Council shall, on the report of the Executive Secretary and the recommendation of the 
Trade, Customs, Taxation, Statistics, Money and Payments Commission, determine the compensation 
to be paid to a Member State which has suffered lo ss of import duties as a result of the application of 
this Chapter.  
2. The Council shall, in addition to compensation to  be paid to Member States which suffer loss 
of revenue as a result of the application of this Chapter, recommend measures for promoting 
productive and export capacities of these countries so as to enable them to take full advantage of the 
benefits of trade liberalization.   
3. The method of assessment of the loss of revenue and compensation shall be as stipulated in 
the Protocol on the Assessment of Loss of Revenue.  
Article 49 
 
Exceptions and Safeguard Clauses  
 
1. In the event of serious disturbances occurring in the economy of a Member State following 
the application of the provisions of this Chapter,  the Member State concerned shall, after informing 
the Executive Secretary and the other Member Stat es, take the necessary safeguard measures pending 
the approval of the Council.  
2. These measures shall remain in force for a maximum period of one year.  They may not be 
extended beyond that period except with the approval of the Council.  
3. The Council shall examine the method of applica tion of these measures while they remain in 
force.  
Article 50 
 
Trade Promotion  
 
1. Member States agree to undertake, through their public and private sectors, trade promotion 
activities such as:  
(a) promotion of the use of local materials,  intermediate goods and inputs, as well as 
finished products originating within the Community;  
(b) participation in the periodic national fairs organised within the region, sectoral trade 
fairs, regional trade fairs and other similar activities;   WT/COMTD/54 
 Page 29 
 
 
 2. At regional level, the Community shall unde rtake trade promotion activities which may 
include:  
(a) organization, on a regular basis of an ECOWAS Trade Fair;  
(b) harmonization of the programming of nati onal trade fairs and similar events;  
(c) establishment of an intra-Community trade information network;  
(d) study of supply and demand patterns in Member States and dissemination of the 
findings thereon within the Community;  
(e) promotion of the diversification of West African markets, and the marketing of 
Community products;  
(f) promotion of better terms of trade for W est African commodities and improvement of 
access to international markets for Community products;  and 
(g) participation, where appropriate, in intern ational negotiations within the framework 
of GATT and UNCTAD and other tr ade-related negotiating fora.  
Article 51 
 
Money, Finance and Payments  
 
In order to promote monetary and financial in tegration, and facilitate intra-Community trade 
in goods and services and the realization of the Community's objective of establishing a monetary 
union, Member States undertake to:  
(a) study monetary and financial developments in the region;  
(b) harmonize their monetary, financ ial and payments policies;  
(c)  facilitate the liberalization of intra-region al payments transactions and, as an interim 
measure, ensure limited convertibility of currencies;  
(d) promote the role of commercial banks in intra-community trade financing;  
(e) improve the multilateral system for clearing of payments transactions between 
Member States, and introduce a cred it and guarantee fund mechanism;  
(f) take necessary measures to promote the activities of the West Africa Monetary 
Agency in order to ensure convertibilit y of currencies and creation of a single 
currency zone;  
(g) establish a Community Central Bank and a common currency zone.  
 
 
 WT/COMTD/54 
Page 30  
 
 Article 52 
 
Committee of West African Central Banks 
 
 
1. There is hereby established a Committee of West African Central banks comprising the 
Governors of Central Banks of Member States.  This Committee shall, in accordance with the 
provisions of this Treaty, prepare its own rules of procedure.  
2. The Committee shall, from time to time, ma ke recommendations to the Council on the 
operation of the clearing system of payments and other monetary issues within the Community.  
Article 53 
 
Movement of Capital and Capital Issues Committee  
 
1. For the purpose of ensuring the free movement of capital between Member States in 
accordance with the objectives of this  Treaty, there is hereby established a Capital Issues Committee 
which shall comprise one representative of each of th e Member States and which shall, subject to the 
provisions of this Treaty, prepare its own rules of procedure.  
2. Member States shall, in appointing their represen tatives referred to in paragraph 1 of this 
Article, designate persons with financial, comme rcial or banking experience and qualifications.  
3. The Capital Issues Committee, in the pe rformance of the duties assigned to it under 
paragraph 1 of this Article, shall:  
(a) ensure the unimpeded flow of capital within the Community through:  
(i) the removal of controls on the transfer of capital among the Member States in 
accordance with a timetable determined by Council;  
(ii) the encouragement of the establishment of national and regional stock 
exchanges;  and  
(iii) the interlocking of capital markets and stock exchanges.  
(b) ensure that nationals of a Member State are given the opportunity of acquiring stocks, 
shares and other securities or otherwise of i nvesting in enterprises in the territories of 
other Member States;  
(c) establish a machinery for the wide dissemination in the Member States of stock 
exchange quotations of each Member State;  
(d) establish appropriate machinery for the re gulation of the capital issues market to 
ensure its proper functioning and the protection of the investors therein.  
   
  WT/COMTD/54 
 Page 31 
 
 
 CHAPTER IX:  ESTABLISHMENT AND COMPLETION OF  
AN ECONOMIC AND MONETARY UNION  
 
Article 54 
 
Establishment of an Economic Union  
 
1. Member States undertake to achieve the stat us of an economic union within a maximum 
period of fifteen (15) years following the commencem ent of the regional trade liberalization scheme, 
adopted by the Authority through its Decision A/DEC.1/9/83 of 20 May 1983 and launched on 
1 January 1990.  
2. Member States shall give priority to the role of the private sector and joint regional 
multinational enterprises in the regional economic integration process.  
Article 55 
 
Completion of Economic and Monetary Union  
 
1. Member States undertake to complete within five (5) years following the creation of a 
Custom Union, the establishment of an economic and monetary union through:  
(i) the adoption of a common policy in a ll fields of socio economic activity 
particularly agriculture, industry, transport, communications, energy and 
scientific research; 
(ii) the total elimination of all obstacles to the free movement of people, goods, 
capital and services and the right of entry, residence and establishment;  
(iii) the harmonization of monetary, financial and fiscal policies, the setting up of 
West African monetary union, the establishment of a single regional Central 
Bank and the creation of a single West African currency.  
2. The Authority may at any time, on the recommenda tion of the Council, decide that any stage 
of' the integration process shall be implemented mo re rapidly than otherwise provided for in this 
Treaty.  
 
CHAPTER X:  COOPERATION IN POLITICAL, JUDICIAL AND  
LEGAL AFFAIRS, REGIONAL SECURITY AND IMMIGRATION  
 
Article 56 
 
Political Affairs  
 
1. In pursuit of the integration objectives of the Community, Member States undertake to 
cooperate on political matters, and in  particular, to take appropriate  measures to ensure effective 
application of the provisions of this Treaty.  
2. The signatory States to the Protocol on Non-A ggression the Protocol on Mutual Assistance on 
Defence, the Community Declaration of Political Principles and the African Charter on Human and 
Peoples' Rights agree to cooperate for the purpose of  realizing, the objectives of these instruments.  WT/COMTD/54 
Page 32  
 
 Article 57 
 
Judicial and Legal Matters 
 
 
1. Member States undertake to cooperate in judi cial and legal matters with a view to 
harmonizing their judicial and legal systems.  
2. The modalities for the implementation of this ar rangement shall be the subject matter of a 
Protocol.  
Article 58 
 
Regional Security  
 
1. Member States undertake to work to safeguard  and consolidate relations conducive to the 
maintenance of peace, stability and security within the region.  
2. In pursuit of these objectives, Member States unde rtake to cooperate with the Community in 
establishing and strengthening appropriate mechanis ms for the timely prevention and resolution of 
intra-State and inter-State conflicts, payi ng particular regard to the need to:  
(a) maintain periodic and regular consultations  between national border administration 
authorities;  
(b) establish local or national joint commissions to examine any problems encountered in 
relations between neighbouring States;  
(c) encourage exchanges and cooperation between communities,  townships and 
administrative regions;  
(d) organize meetings between relevant mini stries on various aspects of inter-State 
relations;  
(e) employ where appropriate, good offices, conciliation, meditation and other methods 
of peaceful settlement of disputes;  
(f) establish a regional peace and security observation system and peacekeeping forces 
where appropriate;  
(g) provide, where necessary and at the request of Member States, assistance to Member 
States for the observation of democratic elections.  
3. The detailed provisions governing political coope ration, regional peace and stability shall be 
defined in the relevant Protocols.  
Article 59 
 
Immigration  
 
1. Citizens of the community shall have the right of entry, residence and establishment and 
Member States undertake to recognise these rights of Community citizens in their territories in 
accordance with the provisions of the Protocols relating thereto.   WT/COMTD/54 
 Page 33 
 
 
 2. Member States undertake to adopt all appropriate  measures to ensure that Community citizens 
enjoy fully the rights referred to in paragraph 1 of this Article.  
3. Member States undertake to adopt, at national le vel, all measures necessary for the effective 
implementation of the provisions of this Article.  
 
 
CHAPTER XI:  COOPERATION IN HUMAN RESOURCES, INFORMATION,  
SOCIAL AND CULTURAL AFFAIRS  
 
Article 60 
 
Human Resources  
 
1. Member States undertake to coope rate in the full development and utilization of their human 
right resources.  
2. To this end, they shall take measures to:  
(a) strengthen cooperation among themselves in th e fields of education, training and 
employment;  and to harmonize and coor dinate their policies and programmes in 
these areas;  
(b) consolidate their existing, training ins titutions, improve the efficacy of their 
educational systems, encourage exchanges between schools and universities, establish 
equivalences of academic, professional a nd technical qualifications, encourage 
literacy, promote the teaching and practi ce of the official languages of the 
Community, and establish regional centres of excellence in various disciplines;  
(c) encourage the exchange of skilled manpower between Member States.  
Article 61 
 
Social Affairs  
 
1. Member States undertake to cooperate with a view to mobilize, the various sections of the 
population and ensuring their effective integration a nd involvement in the social development of the 
region.  
2. For the purposes of paragraph 1 of this Article, Member States undertake to:  
(a) encourage the exchange of experiences and information on literacy, professional 
training and employment;  
(b) harmonize their labour laws and social security legislations;  
(c) promote women's and youth organizations  and professional associations as a means 
of ensuring mass involvement in the activities of the Community;  
(d) encourage and strengthen cooperation amongst themselves in health  matters;  and  WT/COMTD/54 
Page 34  
 
 (e) promote and enhance the practice of sports with a view to bringing together the youth 
of the region and ensuring thei r balanced development.  
Article 62 
 
Cultural Affairs 
 
 
1. Member States undertake to pursue the objec tives of the Community Cultural Framework 
Agreement.  
2. To this end, Member States undertake to:  
(a) encourage the promotion, by every means possi ble, of all forms of cultural exchange;  
(b) promote, develop and, where necessary, im prove structures and mechanisms for the 
production, propagation and utilization of cultural industries;  and  
(c) promote the learning and dissemination of a West African language as a factor in 
Community integration.  
Article 63 
 
Women and Development  
  
1. Member States undertake to formulate, harm onize, coordinate and establish appropriate 
policies and mechanisms, for enhancement of the ec onomic, social and cultural conditions of women.  
2. To this end, Member States shall take all measures necessary to:  
(a) identify and assess all constraints that inhibit women from maximizing their 
contribution to regional development efforts;  and  
(b) provide a framework within which the c onstraints will be addressed and for the 
incorporate of women's concerns and needs in to the normal operations of the society;  
3. At the Community level, Member States shall:  
(a) stimulate dialogue among themselves on the kinds of projects and programmes aimed 
at integrating women into the development process;  
(b) establish a mechanism for cooperati on with bilateral, multilateral and 
non-governmental organizations;  and  
(c) promote and develop mechanisms to encourage the exchange of experiences and 
information between Member States.  
Article 64 
 
Population and Development  
  
1. Member States undertake to adopt, individually and collectively, national population policies 
and mechanisms and take all necessary measures in order to ensure a balance between demographic 
factors and socio economic development.   WT/COMTD/54 
 Page 35 
 
 
 2. To this end, Member States agree to:  
(a) include population issues as central com ponents in formulating and implementing 
national policies and programmes for accelerated and balanced socio economic development;  
(b) formulate national population policies and est ablish national population institutions;  
(c) undertake public sensitizati on on population matters, par ticularly among the target 
groups;  and  
(d) collect, analyse and exchange informat ion and data on population issues.  
Article 65 
 
Information Radio and Television 
 
 
Member States undertake to:  
(a) coordinate their efforts and pool their res ources in order to promote the exchange of 
radio and television programmes at bilateral and regional levels;  
(b) encourage the establishment of programme exchange centres at regional level and 
strengthen existing programme exchange centres;  
(c) use their broadcasting and television systems to promote the attainment of the 
objectives of the Community.  
Article 66 
 
The Press  
  
1. In order to involve more closely the citizens of the Community in the regional integration 
process, Member States agree to cooperate in the area of information.  
2. To this end they undertake as follows:  
(a) to maintain within their borders, and be tween one another, freedom of access for 
professionals of the communication industry and for information sources;  
(b) to facilitate exchange of information be tween their press organs;  to promote and 
foster effective dissemination of information within the Community;  
(c) to ensure respect for the rights of journalists;  
(d) to take measures to encourage investment capital, both public and private, in the 
communication industries in Member States;  
(e) to modernize the media by introducing training facilities for new information 
techniques;  and  WT/COMTD/54 
Page 36  
 
 (f) to promote and encourage dissemination of information in indigenous languages, 
strengthening cooperation be tween national press agencies and developing linkages 
between them.  
 
CHAPTER XII:  COOPERATION IN OTHER AREAS  
 
Article 67 
 
Harmonization of Policies in Other Areas 
 
 
Subject to the provisions of this Treaty, Member  States undertake to cons ult with one another, 
through appropriate Community institutions, for the purpose of harmonizing and coordinating their 
respective policies in all other fields not specifi cally covered by this Treaty for the efficient 
functioning and development of the Community and for the implementation of the provisions of this 
Treaty.  
CHAPTER XIII 
 
Article 68 
 
Land-Locked and Island Member States  
 
Member States, taking into consideration the economic social difficulti es that may arise in 
certain Member States, particularly island and land-locked States, agr ee to grant them where 
appropriate, special treatment in respect of the applic ation of certain provisions of this Treaty and to 
accord them any other assistance they may need.  
 
 
CHAPTER XIV:  FINANCIAL PROVISIONS 
 
Article 69 
 
Budget of the Community  
 
1. There shall be established a budget of the Communi ty and, where appropriate, of any of the 
Institutions of the Community.  
2. All incomes and expenditure of' the Community and its institutions shall be approved by the 
Council or other appropriate bodies for each financial y ear and shall be charged to the budget of the 
Community or the institution concerned.  
3. A draft budget shall be proposed for each financia l year by the Executive Secretary or by the 
Head of the Institution concerned and approved by  the Council or other appropriate body on the 
recommendation of the Administration and Finance Commission.  
4. The Administration and Finance Commission sha ll consider the draft budget and all financial 
issues concerning the institutions of the Community  and shall examine issues pertaining mainly to 
administration and personnel management in the institutions of the community.  
  WT/COMTD/54 
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 Article 70 
 
Regular Budgets of the Community  
 
1. The regular budgets of the Community and its institutions shall be funded from a Community 
levy and such other sources as may be determined by the Council.  
2. Until the entry into force of the Community le vy, the regular budgets of the Community and 
its institutions shall be funded from the annual contributions by Member States.  
Article 71 
 
Special Budgets of the Community  
 
Special budgets shall be made available, wh ere necessary, to meet the extra-budgetary 
expenditure of the Community.  The Authority shall, on the recommendation of Council, determine 
the modalities for financing such sp ecial budgets of the Community.  
Article 72 
 
Community Levy  
 
1. There is hereby instituted a Community levy for the purpose of generating resources for 
financing Community activities.  
2. The Community levy shall be a percentage of the total value of import duty derivable from 
goods imported into the Community from third countries.  
3. The actual level of the Community levy shall be determined by the Council.  
4. The conditions for the application of the Comm unity levy, the modalities for the transfer to 
the Community of the revenue generated and the utili zation of the Community levy shall be defined in 
the relevant Protocol.  
5. Member States undertake to facilitate the appli cation of the provisions of this Article.  
Article 73 
 
Contributions by Member States  
 
1. The mode by which the contributions of Me mber States shall be determined and the 
currencies in which the contributions are pa id shall be as determined by Council.  
2. Member States undertake to promptly transfer th eir assessed contributions to the Community.  
Article 74 
 
Financial Regulations  
 
The Financial Regulations and Manual of Acc ounting Procedures of the Community shall 
govern the application of the provisions of this Chapter.  
 WT/COMTD/54 
Page 38  
 
 Article 75 
 
External Auditors 
 
 
1. The External Auditors of the Community shall be appointed for a period of two years 
renewable for two other terms of two years each.  They  can be relieved of their posts by the Authority 
on the recommendation of the Council.  
2. Subject to the provisions of the preceding para graph, the Council shall determine the rules 
governing the selection procedure and establish th e responsibilities of the External Auditors.  
CHAPTER XV:  DISPUTES  
 
Article 76 
 
Settlement of Disputes  
 
1. Any dispute regarding the interpretation or the application of the provisions of this Treaty 
shall be amicably settled through direct agreement w ithout prejudice to the provisions of this Treaty 
and relevant Protocols.  
2. Failing this, either party or any other Member St ates or the Authority may refer the matter to 
the Court of the Community whose decision shall be  final and shall not be subject to appeal.  
 
CHAPTER XVI:  SANCTIONS  
 
Article 77 
 
Sanctions Applicable for N on-Fulfilment of Obligations  
 
1. Where a Member State fails to fulfil its oblig ations to the Community, the Authority may 
decide to impose sanctions on that Member State.  
2. These sanctions may include:  
(i) suspension of new Community loans or assistance;  
(ii) suspension of disbursement on-going Community projects or assistance 
programmes;  
(iii) exclusion from presenting candidates fo r statutory and professional posts;  
(iv) suspension voting rights;  and  
(v) suspension from participating in the activities of the Community.  
3. Notwithstanding the provisions of paragraph 1 of  this Article, the Authority may suspend the 
application of the provisions of the said Article if it is satisfied on the basis of a well supported and 
detailed report prepared by an i ndependent body and subm itted through the Executive Secretary, that 
the non-fulfilment of its obligations is due to cau ses and circumstances beyond the control of the said 
Member State;   WT/COMTD/54 
 Page 39 
 
 
 4. The Authority shall decide on the modalities for the application of this Article.  
 
CHAPTER XVII:  RELATIONS BETWEEN THE COMMUNITY AND  
THE AFRICAN ECONOMIC COMMUNITY  
 
Article 78 
 
The Community and the African Economic Community  
 
The integration of the region shall constitute an  essential component of the integration of the 
African continent.  Member States undertake to f acilitate the coordination and harmonization of the 
policies and programmes of the Community with  those of the African Economic Community.  
 
 
CHAPTER XVIII:  RELATIONS BETWEEN THE COMMUNITY AND  
OTHER REGIONAL ECONOMIC COMMUNITIES  
 
Article 79 
 
The Community and Other Regional Economic Communities  
 
1. In the context of realizing its regional objec tives, the Community may enter into cooperation 
agreements with other regional Communities.  
2. Such cooperation agreements entered into in acco rdance with the provisions of paragraph 1 of 
this Article shall be subject to prior approval by the Council upon the proposal of the Executive 
Secretary.  
 
CHAPTER XIX:  RELATIONS BETWEEN THE EXECUTIVE SECRETARIAT AND  
THE SPECIALISED INSTITUTIONS OF THE COMMUNITY  
 
Article 80 
 
The Executive Secretariat and the Specialised Institutions  
  
1. The Community shall determine the global integr ation policies and strategies to be adopted 
and define the integration objectives and programme s of all the institutions of the Community.  
2. The Executive Secretariat shall be responsible for harmonizing and coor dinating all activities 
and programmes of the institutions of the Community within the context of regional integration.  
Article 81 
 
Relations Between the Community and Re gional Non-Governmental Organizations  
  
1. The Community with a view to mobilizing the human and material resources for the 
economic integration of the region,  shall cooperate with regional n on-governmental organizations and 
voluntary development organizations in order to encourage the involvement of the peoples of the 
region in the process of economic integration and mobilize their technical, material and financial 
support.  WT/COMTD/54 
Page 40  
 
 2. To this end, the Community shall set up mechan ism for consultation with such organizations.  
Article 82 
 
Relations Between the Community and Regional Socio Economic Organizations and Associations
 
  
1. The Community with a view to mobilizing the various actors in socio economic life for the 
integration of the region, shall cooperate with socio economic organizations  and associations, in 
particular, producers, transport operators, workers, employers, university teachers and administrators, 
journalists, youth, women, artisans and other professi onal organizations and ass ociations with a view 
to ensuring their involvement in the integration process of the region.  
2. To this end, the Community shall set up a mechanism for consultation with such socio 
economic organizations and associations.  
 
CHAPTER XX:  RELATIONS BETWEEN THE COMMUNITY,  
THIRD COUNTRIES AND INTERNATIONAL ORGANIZATIONS  
 
Article 83 
 
Cooperation Agreements  
 
1. The Community may conclude cooperation agreements with third countries.  
2. In pursuit of its objective, the community sha ll also cooperate with the organization of 
African Unity, the United Nations system, a nd any other international organization.  
3. Cooperation agreements to be concluded in acco rdance with the provisions of paragraphs 1 
and 2 of this Article shall be subject to prior approval by the Council upon the proposal of the 
Executive Secretary.  
 
CHAPTER XXI:  RELATIONS BETWEEN MEMBER STATES,  
NON-MEMBER STATES, REGIONAL ORGANIZATIONS AND  
INTERNATIONAL ORGANIZATIONS  
 
Article 84 
 
Agreements Concluded by Member States  
 
1. Member States may conclude agreements am ong themselves and with non-Member States, 
regional organizations or any other international organization, provid ed that economic agreements are 
not incompatible with the provisions of this Treat y. They shall, at the request of the Executive 
Secretary, transmit copies of such economic agreem ents to the Executive Secr etary who shall inform 
Council thereof.  
2. In the event that agreements concluded before  the entry into force of this Treaty between 
Member States or between Member States and non -Member States, regional organizations or any 
other international organizations are incompatible with the provisions of this Treaty, the Member 
State or Member States concerned shall take appropr iate measures to eliminate such incompatibility.  
Member States shall, where necessar y, assist each other to this end and adopt a common position.   WT/COMTD/54 
 Page 41 
 
 
 Article 85 
 
International Negotiations  
 1. Member States undertake to form ulate and adopt common positions within the Community on 
issues relating to international negotiations with th ird parties in order to promote and safeguard the 
interests of the region.  
2. To this end, the Community shall prepare studi es and reports designed to help Member States 
to harmonize better their positions on the said issues.  
 
 
CHAPTER XXII:  GENERAL AND FINAL PROVISIONS  
 
Article 86 
 
Headquarters of the Community 
 
 
The Headquarters of the Community shall be situ ated in the capital of the Federal Republic of 
Nigeria.  
Article 87 
 
Official and Working Languages  
 
1. The official languages of the Community shall be all West African languages so designated 
by the Authority as well as Eng lish, French and Portuguese.  
2. The working languages of the Community sha ll be English, French and Portuguese.  
Article 88 
 
Status, Privileges and Immunities  
  
1. The Community shall enjoy inte rnational legal personality.  
2. The Community shall have in the te rritory of each Member State:  
(a) the legal powers required for the performance of the functions assigned to it under 
this Treaty;  
(b) power to enter into contracts and ac quire, hold and dispose of movable and 
immovable property.  
3. In the exercise of its legal personality under th is Article, the Community shall be represented 
by the Executive Secretary.  
4. The privileges and immunities to be recognised  and granted by the Member States to the 
officials of the Community, its institutions and thei r respective headquarters sh all be as provided for 
in the General Convention on Privileges Immuni ties of the Community and the Headquarters 
Agreements.  WT/COMTD/54 
Page 42  
 
 Article 89 
 
Entry Into Force and Ratification 
 
 
This Treaty and the Protocols which shall form an  integral part thereof shall respectively enter 
into force, upon ratification by at least nine si gnatory States, in accordance with the constitutional 
procedures of each signatory State.  
Article 90 
 
Amendments and Revisions  
 
1. Any Member State may submit proposal for the amendment or revision of this Treaty.  
2. Any such proposals shall he submitted to th e Executive Secretary who shall notify other 
Member States thereof not later thirty (30) days after the receipt of such proposals.  Amendments or revisions shall not be considered by the Authority unless Member States shall have been given at least 
three months notice thereof.  
3. Amendments or revisions shall be adopted by the Authority in accordance with the provisions 
of' Article 9 of this Treaty and shall be submitted for ratification by all Member Sates in accordance 
with their respective constitutional procedures.  They shall enter into force in accordance with 
Article 89 of this Treaty.  
 
Article 91 
 
Withdrawal 
 
 
1. Any Member State wishing to withdraw from the Community shall give to the Executive 
Secretary one year's notice in writing who shall inform Member States thereof.  At the expiration of 
this period, if such notice is not withdrawn, such a State shall cease to be a member of the 
Community.  
2. During the period of one year referred to in th e preceding paragraph, such a Member State 
shall continue to comply with the provisions of this Treaty and shall remain bound to discharge its 
obligations under this Treaty.  
Article 92 
 
Transitional and Savings Provisions  
  
1. Upon the entry into force of this revised Treaty in according with the provisions of Article 89, 
the provisions of the United Nations, Vienna Convention on the Law of' Treaties adopted on 
23 May 1969 shall apply to the determination of the rights and obligations of Member States under 
the 1975 ECOWAS Treaty and this revised Treaty.  
2. The ECOWAS Treaty of' 1975 shall be deemed terminated when the Executive Secretariat 
has received instruments of ratification of this re vised Treaty from all Member States.  The Executive 
Secretary shall notify the Member States in writing thereof.  
  WT/COMTD/54 
 Page 43 
 
 
 3. Notwithstanding the provisions of paragraph 2 of this Article, all Community Conventions, 
Protocols, Decisions and Resolutions made since 1975 shall remain valid and in force, except where 
they are incompatible with the present Treaty.  
Article 93 
 
Depository Authority  
 
The present Treaty and all instruments of' ratif ication shall be deposited with the Executive 
Secretariat which shall transmit certified true copies  of this Treaty to all Member States and notify 
them of the dates of deposit of instruments of ra tification and shall register this Treaty with the 
Organization of African Unity, the United Nations Organization and such othe r organizations as the 
Council may determine. 
 
IN FAITH WHEREOF, WE, THE HEADS OF STATE AND GOVERNMENT OF THE MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS), HAVE 
SIGNED THIS TREATY. 
 DONE AT COTONOU, THIS 24TH DAY OF JULY 1993 IN SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALL TEXTS BEING EQUALLY 
AUTHENTIC.  
__________