Urkunden zur Errichtung eines Arabischen Gemeinsamen Marktes vom 3. Juni 1957

Urkunden zur Errichtung eines Arabischen Gemeinsamen Marktes vom 3. Juni 1957Source: Archiv des Völkerrechts, 13. Bd., 4. H. (Oktober 1967), pp. 449-459Published by: Mohr Siebeck GmbH & Co. KGStable URL: http://www.jstor.org/stable/40797286 .

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Errichtung eines Gemeinsamen Arabischen Marktes 449

b) afin d'étendre les dispositions de l'accord à l'établissement ou à l'utilisation de stations de radiodiffusion installées sur des objets fixés ou prenant appui sur le fond de la mer, hors des eaux territoriales, ou de préparer une convention séparée sur la répression des émissions de radiodiffusion effectuées par les stations de cette nature.

Urkunden zur Errichtung eines Arabischen Gemeinsamen Marktes

1. Abkommen über die Schaffung einer Wirtschaftseinheit zwischen den Staaten der Arabischen Liga

vom 3. Juni 1957*)

AGREEMENT FOR ECONOMIC UNITY AMONG ARAB LEAGUE STATES

The Governments of: The Hashemite Kingdom of Jordan, The Tunisian Republic, The Republic of

Sudan, The Iraqi Republic, The Saudi Arabian Kingdom, The Syrian Arab Re- public, The United Arab Republic, The Lebanese Republic, The United Libyan Kingdom, The Yemenite Kingdom, The Kingdom of Morocco, The State of Ku- wait,

Declare that it is their ardent desire to organize economic relations among the Arab League States, to strengthen these relations on such bases as shall suit the existing natural and historical ties among them, to realize the best conditions for the development of their economies, to exploit their wealth, and to secure the wel- fare of their countries.

They agree to establish a complete unity among themselves and to implement it gradually in the shortest possible time that will guarantee the transfer of their countries from present to future conditions without harming fundamental interests, in accordance with the following provisions.

Chapter 1

Objectives and Means

Article 1 A complete economic unity shall be established among the Arab League states to

guarantee, in particular, for these states and for their citizens on the basis of complete equality:

1) freedom of movement of men and capital, 2) freedom of exchange of national and foreign goods and products, 3) freedom of residence, work, employment* and the practice of economic activities

*) Abdruck der nichtamtlichen Übersetzung des State Department der Vereinig- ten Staaten von Amerika nach: International Legal Materials, Current Documents Bd. 3 (1964) S. 1096 ff. - Urtext: arabisch. - Signatarstaaten des Abkommens sind: Irak, Jemen, Jordanien, Kuweit, Marokko, Syrien, Vereinigte Arabische Repu- blik. Außer Jemen und Marokko haben diese Staaten das Abkommen ratifiziert. Es ist am 30. April 1964 in Kraft getreten.



450 Urkunden

4) freedom of transport and transit and the use of means of transport, ports, and civil airports,

5) the rights of ownership, donation, and inheritance.

Article 2 To achieve the realization of the unity specified in the previous article, the con-

tracting parties agree: 1) to consider their countries a unified customs region subject to a unified admi-

nistration; and to unify the applied customs tariffs, legislation, and regulations in each of them,

2) to unify the policy and systems of import and export, 3) to unify the transport and transit policies, 4) to conclude commercial and payments agreements with other countries collec-

tively, 5) to coordinate policy regarding agriculture, industry, and internal trade and to

unify economic legislation in such a manner as shall guarantee equal opportunities for citizens of the contracting countries engaged in agriculture, industry, commerce, and the professions,

6) to coordinate legislation concerning labor and social security, 7) (a) to coordinate legislation regarding taxes, government and municipal dues,

and all other kinds of taxations and duties on agriculture, industry, trade, immovable property, and capital investment in such a way as shall guarantee the principle of equal opportunities for all,

b) to prevent double taxation and duties on the citizens of the contracting states, 8) to coordinate financial and monetary policies and regulations in the countries

of the contracting parties with a view to unifying currency in them all, 9) to unify methods of statistical tabulations and classifications, and 10) to take any other necessary measures for the implementation of the objecti-

ves specified in Articles 1 and 2. It is possible to disregard the principle of unification in certain cases and coun-

tries provided the approval of the Council of Arab Economic Unity shall be se- cured. Article 3 of this agreement stipulates the formation of this Council.

Chapter 2

Management Article 3

A permanent body to be called »The Council of Arab Economic Unity« shall be established. Its duties and powers are determined in accordance with the stipulations of this agreement.

Article 4 1) The Council shall be formed of one or more full-time representatives of each

of the contracting parties. 2) Cairo shall be the permanent seat for the Council of Arab Economic Unity.

The Council has the right to convene at any other place it shall determine. 3) The duration of the chairmanship of the Council shall be for one year and in a

rotating order among the contracting parties. 4) The Council shall pass its decisions by a two-thirds majority vote. Each con-

tracting country has one single vote.




Article 5 1) The Council shall be helped in its duties by economic and administrative com-

mittees which function permanently or temporarily under its supervision. The Coun- cil determines their duties.

2) The following permanent committees shall be preliminarily formed : (a) The Customs Committee, to consider technical and administrative customs

matters; (b) The Monetary and Financial Committee, to consider matters relating to cur-

rency, banking, taxation, rates, and other financial questions, and (c) The Economic Committee, to consider industry, trade, transport and commu-

nications, labor, and social security. The Council shall have the right to form other committees when necessary and in

accordance with the requirements of the situation. 3) Each of the contracting parties shall appoint its representatives on the above-

mentioned permanent committees. Each party shall have one single vote.

Article 6 1) A Permanent Technical Advisory Office shall be established for the Council

of Arab Economic Unity. It shall be made of experts appointed by the Council and shall function under its supervision.

2) The Permanent Technical Office shall execute the study and research work in matters referred to it by the Council or any of its committees. The Office shall submit research work and recommendations that will guarantee harmony and coordination in matters within the jurisdiction of the Council.

3) The Council shall establish a central office for statistics. This office shall gather and analyze statistics and publish them when necessary.

Article 7 1) The Council of Arab Economic Unity, together with its subsidiary organs,

shall constitute one single unit enjoying financial and administrative independence and having its own budget.

2) The Council shall draft its own regulations and those for its subsidiary organs.

Article 8 During a period not exceeding one month as of the date of the implementation

of this agreement, the governments of the contracting parties shall nominate their representatives on the Council and on the committees specified in Paragraph (2) of Article 5 of this agreement. The Council shall carry out its functions immediately on its formation. Also, the Council shall immediately form its subsidiary organs.

Article 9 The Council of Arab Economic Unity shall carry out, in general, all the duties

and powers specified in this agreement and its appendices which it shall deem necessary for its implementation. In particular, the Council shall :

1) In Administration: (a) Implement the stipulations of this agreement and its appendices and all the

regulations and decisions issued for the implementation of this agreement and its appendices.

(b) Supervise the working of the committees and the subsidiary organs, and



452 Urkunden

(c) Appoint the staff and experts for the Council and its subsidiary organs in accordance with the stipulations of this agreement.

2) In Organization and Legislation: (a) Draft tariffs, laws, and regulations which aim at the establishment of an Arab

unified customs zone and introduce the essential modifications to them when necessary.

(b) Coordinate foreign trade policies with a view to coordinating the economy of the region vis-à-vis world economy, and to attain the objectives of economic unity specified in this agreement. The signing of trade and payments agreements with other countries shall take place with the approval of the Council of Arab Economic Unity.

(c) Coordinate economic development activities and draft plans for the execu- tion of the common Arab Development project.

(d) Coordinate policies regarding agriculture, industry, and internal trade. (e) Coordinate financial and monetary policies with a view to attaining monetary

unity. (f) Draft unified transport regulations in the contracting countries as well as

transit regulations and coordinate policy concerning them. (g) Draft unified labor and social security legislation, (h) Coordinate legislation for taxes and rates. (i) Draft other legislation concerning mitters specified in this agreement and its

appendices which are essential to the implementation of the said agreement and appendices.

(j) Draft and approve the budget of the Council and its subsidiary organs.

Article 10

Expenditures of the Council and its subsidiary organs shall be covered by common revenues. During the period preceding the realization of such revenues, governments shall participate in these expenditures according to rates fixed by the council.

Article 1 1 The common revenues of the Council shall be distributed among the governments

of the contracting parties by agreement among them on the basis of the studies carried out by the Council of Economic Unity. These studies shall be made before the realization of the customs unity.

Article 12 The Council shall perform these and other powers entrusted to it by this agree-

ment and its appendices by decisions to be issued and implemented by the member states in accordance with their own prevailing constitutional principles.

Article 13 The Governments of the contracting parties undertake not to issue in their terri-

tories any laws, regulations or administrative decisions contradictory to this agreement or its appendices.

Chapter 3 Transitional Rules

Article 14 1) The implementation of this agreement shall take place in successive stages and

in the shortest possible time.




2) The Council of Arab Economic Unity shall, upon its formation, draft a prac- tical plan indicating the stages of implementation and terming the legislative, administrative, and technical measures necessary for each stage, taking into consideration the appendix concerning »... the necessary steps for the realization of Arab Eco- nomic Unity . . .« attached to this agreement and constituting an integral part of it.

3) In exercising its duties specified in this agreement, the Council shall take into consideration certain specific circumstances existing in some of the contracting countries. This shall not undermine the objectives of the Arab Economic Unity.

4) The Council, as well as the contracting parties, shall carry out the measures specified in Paragraph (2) of this article according to the terms of this agreement.

Article ij Any two or more of the contracting parties shall have the right to conclude eco-

nomic agreements among themselves with the object of realizing a unity, wider in range, than that stipulated by this agreement.

Chapter 4

Ratification of Membership in and Withdrawal from the Agreement

Article 16 This agreement shall be ratified by the signatory states according to their consti-

tutional systems in the shortest possible time. Documents of ratification shall be de- posited with the Secretariat-General of the League of Arab States, who shall prepare the necessary minutes regarding the ratification document of each state and who shall inform the other contracting states of it.

Article 17 States of the Arab League who are not party to this agreement can join it by an

application addressed to the Secretary-General of the League of Arab States, who shall announce their membership to the other contracting states.

Article 18 Arab countries which are not members of the League ob Arab States can join this

agreement subject to the approval of the contracting states. Such countries shall apply for membership to the Secretary-General of the League of Arab States, who shall inform the contracting states and request their approval.

Article 19 Any of the contracting parties can withdraw from this agreement after the lapse

of five years as from the end of the transitional period. The withdrawal shall be effective after the lapse of one year from the date of the application for withdrawal to the Secretariat-General of the League of Arab States.

Article 20 This agreement shall enter into force three months as from the date of deposit of

the ratification documents by three of the signatory states. Regarding other states, the agreement shall enter into force after one month as from the date of deposit of their ratification documents or their application for membership.



454 Urkunden

ANHANG I

betreffend zweiseitige Wirtschaftsvereinbarungen mit einem nicht zu den Vertragsparteien gehörigen Land

SPECIAL APPENDIX RELATING TO BILATERAL ECONOMIC AGREEMENTS WITH A COUNTRY OTHER THAN THE CONTRACTING

PARTIES TO THIS AGREEMENT

With reference to Paragraph (4) of Article 2 and to Section Two, Paragraph (b), of Article 9 (regarding organization and legislation) of the Agreement for Econo- mic Unity among Arab League States signed by [states omitted] on [dates of signa- tures omitted] the contracting parties have agreed that the stipulations of this agreement do not affect the right of any of the contracting parties to conclude, in- dividually, bilateral economic agreements for extraordinary political or defence purposes with a country other than the contracting parties to this agreement provided that the objectives of the present agreement shall not be undermined.

ANHANG II

betreffend die hauptsächlichen Schritte für die Durchführung der arabischen Wirtschaftseinheit

SPECIAL APPENDIX REGARDING THE ESSENTIAL STEPS FOR THE IMPLEMENTATION OF ARAB ECONOMIC UNITY

In accordance with Paragraph (1) of Article 14 of the Arab Economic Unity agreement, which stipulates that the implementation of the said agreement shall take place in successive stages in the shortest possible time, the contracting parties have agreed to the following:

1) The Council for Arab Economic Unity stipulated in Article 3 of this agreement shall be established within the period fixed in Article 8 of the same agreement.

2) The said Council shall carry out, during a preparatory stage not exceeding five years, the study of the essential steps for the coordination of policies relating to economic, financial, and social matters contributing to the realization of the following objectives :

(a) freedom of movement of individuals, work, employment, residence, rights of property, guardianship, and inheritance,

(b) unconditional freedom of transit trade without any discrimination in means of transport relating to kind or nationality,

(c) facilitation of the exchange of Arab goods and products, (d) freedom of the exercise of economic activities, provided the interests of cer-

tain of the contracting parties during the transaction shall not be endangered, (e) freedom of the use of ports and civil airports in a manner contributing to

their development. If it deems it necessary, the Council can recommend to the governments of the

contracting parties to extend this stage for another period not exceeding five addi- tional years.

3) The Council shall study the necessary steps to the realization of the objectives of the Arab Economic Unity in its various stages. The Council shall submit its recommendations in this respect to the governments of the contracting parties for approval in accordance with the constitutional systems in force in each of them.

4) Two or more of the contracting parties can agree to end the transitional stage or any of the other stages and to move directly to complete economic unity.




2. Beschluß des Rates für Arabische Wirtschaftseinheit über die

Errichtung des Arabischen Gemeinsamen Marktes vom 13. August 1964 *)

RESOLUTION OF THE ARAB ECONOMIC UNITY COUNCIL TO ESTABLISH THE ARAB COMMON MARKET

In implementation of the provisions of the Agreement for Economic Unity Among Arab League States and in view of the desire of the Arab Economic Unity Council to realize the social advancement and the economic benefits for the contracting parties and to establiesh the basis for economic unity on a sound economic and continuously coordinated basis, coinciding with the natural and historical relations existing between them; and

In view of the desire to achieve perfect economic unity among the contracting states and to unite their efforts to ensure better terms for the development of their resources, to raise their standards of living, and to improve the working conditions (in their states) ;

The Economic Unity Council has decided to establish the Arab Common Market with the following goals :

1) Freedom of transit of persons and capital; 2) Freedom of exchange of commodities, both national and foreign; 3) Freedom of residence, work, employment, and exercise of economic activities;

and 4) Freedom of transport, transit, and use of the means of transportation, id est

seaports, and civil airports, in accordance with the following provisions :

Chapter 1

Definitions and Terms

Article 1 1) The Signatory States: Member states of the Arab Economic Unity Council. 2) Restrictions: Administrative restrictions imposed by any of the contracting

parties on imports, exports, including the prohibition of exportation or restriction by special quotas, licenses as well as other restrictions on trade exchanges.

3) Customs duties and other taxes: Customs duties are those contained in the customs tariff. Other taxes are those fees and taxes imposed under whatever name on imported commodities. The following are not defined as fees or taxes: (a) fees, taxes, or wages imposed on services; and (b) fees and taxes imposed on products or on their raw materials imported from one of the Signatory States when similar local products or raw materials are subject to equal fees and taxes.

4) Agricultural, animal, and natural wealth products: Agricultural, animal, and natural wealth products are those of origin in one of the Signatory States which are imported in their natural state; and

*) Abdruck der nichtamtlichen Übersetzung des State Department der Vereinig- ten Staaten von Amerika nach: International Legal Materials, Current Documents Bd. 3 (1964) S. 1102 ff. Urtext: arabisch. Der Beschluß, der Konventionscharakter besitzt, ist von den Vertretern des Irak, Jordaniens, Kuweits, Syriens sowie der Vereinigten Arabischen Republik unterzeichnet worden und am 1. Januar 1965 in Kraft getreten. Er steht den übrigen Mitgliedstaaten der Arabischen Liga zum Bei- tritt offen. - Deutscher Text: Europa-Archiv 20. Jahrg. (1965), Heft 7, Doku- mente D 182 ff.



4 5 6 Urkunden

5) Industrial products: Industrial products are manufactures of any of the Sig- natory States, the local manufacturing value of which shall not be less than 40% of the total manufacturing cost. It shall be considered as a part of local production value those materials procured from any one of the Signatory States.

Chapter 2

General Principles Article 2

The freedom of exchange of agricultural, animal, and natural wealth products and industrial products shall apply to all the Signatory States, pursuant to the principles and rules contained hereunder :

Article 3 The restrictions, various fees and taxes on importation and exportation at present

in force in the Signatory States are fixed in order to prohibit any member state from imposing new restrictions, or increases of fees or taxes on the trade of agricultural, animal, natural wealth, or industrial products between the countries.

Article 4 The Governments of the Signatory States shall apply the principle of the most

favored nation to trade exchanges with countries not participants in the Economic Unity Agreement provided this does not contravene the provisions of this present agreement.

Article 5 The governments of the Signatory States are not permitted to impose fees or

internal taxes on agricultural, animal, raw materials, and industrial products traded between them in excess of those imposed on similar domestic products or raw materials.

Article 6

Agricultural, animal, natural wealth, and industrial products exchanged between the Signatory States shall not be subject to custom export duties.

Article 7 a) The re-exportation outside of the market of agricultural, animal, natural

wealth, and industrial products traded between the Signatory States is not allowed without the prior approval of the exporting state unless industrial transformations have been carried out [to the extent] which gives those products the character of locally produced industrial products to the importing country.

b) The re-exportation of agricultural, animal, natural wealth, and industrial products traded between the market states is not permitted to any member state if the exporting country had granted a subsidy and if there is a similar local production in the country to which the products are to be re-exported.

Article 8 No state of the Signatory States is allowed to grant any subsidy of any kind to

its exports of national products to other members when there is production of similar commodities in the importing state.

Article 9 Existing concessions and monopolies in the Signatory States are not permitted do

interfere with the implementation of the statutes of the Arab Common Market.



Errichtung eines Gemeinsamen Arabischen Marktes 4^7

Chapter 3

Trade of Agricultural Animal and Natural Wealth Products

Article 10

Until the broader special schedules for the Arab Common Market (drafted by the technical committee appointed by the Economic Unity Council) are approved, the following rules apply :

a) Agricultural, animal, and natural wealth products produced in a Signatory State and traded with another member and listed in Schedule »A« of the Conven- tion for Facilitating Trade Exchange and Regulaltion of Transit (1953) and its first three amendments shall be exempted from customs duties and other taxes. The animal, agricultural, and natural wealth products not contained in the above-mentioned schedule shall be the subject of a measured decrease of all duties and taxes by 200/» annually commencing the first of the year 1965.

b) Each Sigantory State will work towards the reduction of restrictions on these products in five installments commencing the first day of 1965 at an annual rate of 20%.

Chapter 4

Exchange of Industrial Products

Article 11

Until the broader special schedules for the Arab Common Market (drafted by the technical committee appointed by the Economic Unity Council) are approved, the following rules apply :

a) The customs duties and all other taxes on industrial products originating in a Signatory State shall be reduced at the rate of 10% beginning in 1965.

For industrial products listed in Schedule »B« attached to the Convention for Vacilitating Trade Exchange and Regulation of Transit Trade (1953) and its first three amendments, which grants reductions of 20 °/o of customs duties, and the industrial products listed in Schedule »C«, which grants reductions of 50 % of customs duties, the rates of reductions of customs duties contained in the following table shall apply :

~ r -ο 1 · R-ate of Reductions Rate of Reductions ~ Date of r Reduction -ο 1 · Schedule ß products Schedule c Products

1. January 1965 35% 60% 1. January 1966 45°/o 70% 1. January 1967 5$°/o 80% 1. January 1968 65% 90% 1. January 1969 75% ioo°/o 1. January 1970 85%) - 1. January 1971 95% - 1. July 1 97 1 ioo°/o -

b) The Signatory States shall work towards the exemption of industrial goods traded between them from restrictions in ten yearly stages from the beginning of 1965 at the rate of 10 °/o of these products.

30 ArchVR 13/4



458 Urkunden

Chapter 5

Joint Provisions Article 12

Each Signatory State shall deposit with the Economic Unity Council, two months prior to the beginning of each yearly stage of the Arab Common Market, the following lists:

a) A list of the agricultural, animal, and natural wealth products which will be effectively exempted from restrictions during the coming stage and which will re- present 20 %> of said products; and

b) A list of the industrial products which will be effectively exempted from restrictions during the coming stage and which represents 10 °/o of said products.

Article 13 Each Signatory State shall deposit with the Economic Unity Council the lists

here below mentioned before the first day of November 1964: a) A list of the restrictions which are now in force on imports and exports of (1)

agricultural, animal, and natural wealth products and (2) industrial products; b) A list of the customs duties and other fees and taxes which apply to imports

and exports; c) A list of domestic taxes which are in force on industrial, agricultural, and ani-

mal products; d) A list of taxes on services; e) A list of national products which are subsidized in any way, giving the

amount of the subsidy. The Economic Unity Council shall be informed of any alterations to these lists.

Article 14 Each Signatory State has the right to apply to the Economic Unity Council for

relief of the exemptions, reduction of duties and taxes, and the abolition of restrictions for specified products for strong justifiable reasons. The Economic Unity Council is empowered to approve such exemptions and determine the lenght of the validity of the exemption, which ishall not exceed that of the gradual stages.

Article 15 Certificate of Origin. Each commodity enjoying an exemption or preferential

customs treatment must be accompanied by a certificate of origin from the appro- priate Governmental authority.

Concerning industrial products, the certificate of origin shall be in accordance with the model given here: »I certify that the commodities herein listed are of . . . origin, and that the local production value, including the Arab materials originating from a Signatory State of the Arab Common Market, is not less than 40 <Vo of the total value«.

The customs authorities in each Signatory State shall take the necessary steps to ensure that the commodities correspond to the certificate of origin.

Chapter 6

Payments between the Signatory States Article 16

Pending the institution of an Arab Payments Union and an Arab Monetary Fund for the Signatory States to enable their currencies to become convertible between themselves, the following provisions will apply:




1) The payments for commodities and services exchanged by the Signatory States will be made in accordance with bilateral payments agreements now in force between the Signatory States; and

2) In case there is no bilateral payments agreement between the Signatory States, the payments in the preceeding paragraph shall be made in U. S. dollars, in sterling, or in any other convertible currency acceptable by the two parties, and, in which case, both of the parties commit themselves to permit the transfer of all amounts due to the exporting state without delay.

Chapter 7 Implementing Provisions

In compliance with the provisions of Article 12 of the Economic Unity Agree- ment between the members of the Arab League, the Signatory States shall apply the provisions contained in the resolution in accordance with the constitutional principles in force in each Signatory State.

30*



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