In this paper, we outline the main characteristics of the 2002 agreement and assess whether it meets the negotiators original objectives. This agreement on trade in agricultural goods hereinafter referred to as this agreement between the republic of botswana, the kingdom of lesotho, the republic of namibia, the republic of south africa and the kingdom of swaziland. A perspective on common industrial policies for the member. However, the sacu agreement of 2002 mandates all sacu member states to have their own institutions that will voice out their needs at the sacu level. The sacu agreement was renegotiated during the mid1990s and culminated in its signing on 21 october 2002. Sacu established under the southern african customs union agreement, 2002, between the governments of the republic of botswana, the kingdom of lesotho, the republic of namibia, the republic of south africa and the kingdom of swaziland, signed on 21 october 2002 sacu agreement. Structure of mfn tariffs of sacu, 199006 mfn mfn mfn 2006 1990 1997 2000 2001 2002 mfn eu sadc total 1. All sadc countries are implementing the agreement, except for angola, seychelles and the democratic republic of congo. This report provides an indepth analysis of the legal provisions of the sacu agreement of 2002 dealing with regional cooperation on competition policy and crossborder unfair trade practices. The eftasacu agreement 27 lars erik nordgaard, chief negotiator, norwegian ministry of trade and industry. Theory and practice of democratising regionalism the southern african customs union sacu agreement signed in 2002 purported to change the predominance of. Sacu has five member states, namely botswana, lesotho, namibia, south africa and swaziland. Status of agreements concluded by the southern african customs union states 15 december 2018 1 no.
Number of different rates bands 200 209 150 100 95 9 150 3. For the purpose of this agreement, article 34 of annex v to the free trade agreement shall not apply. Under the 2002 sacu agreement, the sacu council of ministers is the supreme decisionmaking body for sacu. Article 7 of the 2002 sacu agreement lists the institutions of sacu as council of ministers. In the eight years since the new sacu agreement came into force there has been. The sacu secretariat is located in windhoek, namibia. The council is supported by the commission of senior officials a group of technical experts and a sacu secretariat, located in windhoek, namibia.
Number of tariff lines 00 7824 7888 6420 6420 6420 2. Sacu was established in 1910, making it the worlds oldest customs union. The output was a framework document, the details of which were to be developed subsequent to its signing. Department of commerce and industry, pretoria, 30th july 1910. There is established the southern african customs union hereinafter referred to as sacu. Pdf comparative advantage in the southern africa customs. Sacu legal texts and policy documents sacu tralac trade law. Agricultural agreement between the sacu states and iceland. Parallel to this process, the boer republic of the south african republic. In such cases, the sacu signatory party intending to apply any such duties shall promptly notify the joint administration committee and shall enter into consultations where these duties adversely.
Sacu is the oldest existing customs union in the world. Cooperation agreement tdca with the european union. Overview of sacu the southern african customs union sacu, which was established in 1910, is arguably the oldest customs union in the world. From its origins in 1910 sacu has been characterized by striking asymmetries in policies, levelsof development and administrative capacity. The first customs union in the area was established in 1889 between the british cape colony and the boer republic of the orange free state.
Sacu established in 1910, sacu is the oldest functional cu in the world. Preferential trade agreement between the common market of the south mercosur and the southern african customs union sacu. The headquarters of sacu shall be in windhoek in the republic of namibia. On november 4, 2002, united states trade representative ustr. The tariff board shall make recommendations to the council of ministers on the level and changes of customs, antidumping, countervailing and safeguard duties on goods imported from outside the. Order code rs287 updated january 3, 2005 crs report for. The sections of the handbook can also be downloaded individually on the acu site. A perspective on common industrial policies for the member states of the. This means that lesotho can now have the opportunity to give input on the tariff setting to reflect. In relation to sacu, the meaning to be attributed to parties or party in each case is to be deduced from the relevant provisions of this agreement and from the respective competencies of sacu and the sacu states as they follow from the sacu agreement 2002, as amended from time to time.
Asean free trade area afta among the 10 asean countries 1994. Though, sacu has been a vehicle for revenue collection and sharing, the 2002 agreement changed the orientation towards a customs union that serves as a tool for economic development. The southern african customs union sacu consists of botswana, lesotho, namibia, south africa, and eswatini. Pdf the authors sought to find out whether the southern african customs union. Agricultural agreement between the sacu states and switzerland. Southern african customs union trade summary the u. Status of agreements concluded by the southern african customs union sacu states. The southern african customs union sacu is a customs union among five countries of southern africa. The 2002 agreement provides for greater institutional equality of the member states. I trade agreements multilateral agreements published. Economic research southern africa ersa is a research programme funded by the national treasury of south africa. After eight years of negotiations a new agreement was signed in october 2002. The tariff investigation unit of lesotho became functional in 2012.
Southern african customs union sacu agreement of 2002 to. South african revenue service government gazette no. Real per capita gni growth 1990 2002 per capita gni 2002. One of the main objectives of the 1969 agreement was to encouragethe e. Free trade agreement between the efta states and the sacu. The new sacu agreement has important implications for the antidumping regime within the customs union. The sacu is one of worlds oldest customs unions and the 1910 sacu agreement which lasted till 1969, agreed on a common external tariff cet on all goods imported into the union from the rest of the world and a common pool of customs duties.
A critical analysis of the use of antidumping regulation. In 1891 british bechuanaland and basutoland joined, followed by bechuanaland protectorate in 1893 and natal in 1899. Copies of the acu handbook for 2019 can be downloaded here. Epa negotiations started in 2002 on an allacp level. The following government notice is for general information. Articles 40 and 41 of the sacu agreement among the five member states botswana, lesotho. Agricultural agreement between the sacu states and switzerland article 1 1. Title date of signatures or adoption a date of ratification status 1. However, an attempt to make sadcsacu agreement1 on competition law at least compatible with the existing wto agreements is made in the last part of this research.
Explanatory memorandum on southern african customs union. Sacu shall be an international organization, and shall have legal personality with capacity and power to enter into contracts, acquire, own or. Bearing in mind the decision of the ministers responsible for southern african customs union matters of 11 november 1994, mandating the governments to renegotiate the 1969 southern african customs union agreement. In sadc, the member states have entered into an agreement to phase out all tariffs to zero by 2012. Current issues and debates in industrial policy sandy lowitt.
Its headquarters are in the namibian capital, windhoek. The sacu tariff board, and national bodies which would manage this function for sacu are provided for in the 2002 sacu agreement, but have not yet been established. The nature of the multilateral agreement that may be negotiated at the wto level is a constraint that this research has noted. The cotonou agreement, coming into force in 2000, envisaged the creation of reciprocal trade agreements between the eu and regional blocks of acp countries by establishing so called epas economic partnership agreements. Harmonization of competition policy in southern africa. The sacu agreement that is currently in place, was published in notice r. The parties support, in particular, the integration processes based on the sacu agreement, the sadc treaty, and the constitutive act of the african union adopted on 11 july 2000, as well as the development policies and political objectives related to such processes. Articles 40 and 41 of the sacu agreement among the five member states botswana, lesotho, namibia, south africa and swaziland. Sacu is the oldest existing customs union in the world, having arisen out of an agreement concluded in 1889 sacu, 2012. All sacu members are equally members of sadc, while swaziland is a member of both. While the 2002 sacu agreement settled for the establishment of a joint. Botswana, lesotho, namibia, south africa and eswatini formerly swaziland.
This agreement on trade in agricultural goods hereinafter referred to as this agreement between the republic of botswana, the kingdom of lesotho, the republic of namibia, the republic of south africa and the. South african customs union sacu 1910, 1969 and 2002. Botswana 21 october 2002 s botswana 01 june 2004 entered into force on 15 july 2004. Agreement shall apply, mutatis mutandis, to sacu and iceland. Article 4 the following provisions of the free trade agreement shall apply, mutatis mutandis, between iceland, on the one hand, and sacu or the sacu states, as the. It also provides more institutional clout to bots wana, lesotho, namibia, and swaziland blns. The cotonou agreement, coming into force in 2000, envisaged the creation of. Consolidation of sacu in line with the 2002 sacu agreement mutually beneficial and equitable intraregional trade clear guidelines on unified engagement with third parties in line with art. Sacu countries do not charge import tariffs among themselves, because they are in a customs union.
Agricultural agreement between the sacu states and. Status of agreements concluded by the southern african customs union states 30 june 2017 1 no. This agreement applies neither to the trade relations amongst the efta states, nor to the trade. Do free trade agreements create trade for south africa. Southern african customs union agreement 2002 as amended on 12 april 20 26 apr 2016. Sacu members negotiation of epas with the eu without the involvement of sadc as a larger economic bloc serves to divide the sadc region by showing fissures within the sadc. Documents 1969 southern african customs union agreement topic. Theory and practice of democratising regionalism the southern african customs union sacu agreement signed in 2002 purported to change the predominance of south. Aware that the implementation of the 1969 agreement is hampered by a lack of common policies and common institutions.
In relation to sacu, the meaning to be attributed to parties or party in each case is to be deduced from the relevant provisions ofthis agreement and from the respective competencies ofsacu and the sacu states as they foliow from the sacu agreement 2002, as amended from time to time. You can download this page as a pdf using your browsers print functionality. Real per capita gni growth 19902002 per capita gni 2002. The views expressed are those of the authors and do not necessarily represent those of the funder, ersa or the authors affiliated.
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