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Commercial Agreements between Switzerland and Senegal, Niger, Guinea, and Ivory Coast

Published online by Cambridge University Press:  20 March 2017

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 2 , Issue 1 , January 1963 , pp. 144 - 150
Copyright
Copyright © American Society of International Law 1963

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References

* [This translation was prepared by Miss D. M. Goeldner of Cravath, Swaine & Moore, New York, N.Y. Similar agreements have been concluded by Switzerland with the Republic of Niger (signed, Bern, Switzerland, March 28, 1962)*; the Republic of Guinea (signed, Bern, Switzerland, April 26, 1962); and the Republic of Ivory Coast (signed Abidjan, Ivory Coast, June 26, 1962)*. As of the time this number went to press, the A.S.I.L. staff had no information that these treaties had been ratified. Footnotes, by the A.S.I.L. staff, indicate variations from the Senegal agreement in-other texts.]

* Traites with Nigeria, <, Febuary 1963.

1 The Niger agreement adds “a common market.” “The same currency zone” is not in the Guinea agreement.

2 Article 3, Regulation of Imports into Switzerland, in the Niger agreement is: “The Government of the Swiss Federation will continue to apply the same liberal rules which exist today to imports into Switzerland of products of Republic of Niger origin and source, in particular peanuts, leather and pelts.” Article 3 of the Guinea agreement is: “The Government of the Swiss Federation will continue to apply the same liberal rules which exist today to imports into Switzerland of products of Guinean origin and source, in particular those mentioned in List G attached hereto, [not reprinted here]” Article 3 of the Ivory Coast agreement is: “The Government of the Swiss Confederation will continue to apply the same liberal rules which exist today to imports into Switzerland of products of Republic of Ivory Coast origin and source.”

* [Not reprinted here.]

* [Not reprinted here.]

3 This sentence is not in the Guinea agreement.

4 This sentence is not in the Guinea agreement.

5 This sentence is not in the Niger and Ivory Coast agreements. It is in the Guinea agreement.

6 The Guinea agreement substitutes “in convertible currencies” for “in conformity with the system in effect between the Franc zone and Switzerland.”

7 The Guinea agreement adds “or indirectly held by such nationals, foundations, associations, or companies.”

8 The phrase “in conformity with the law of nations and with the provisions of the national laws of the High Contracting Parties” is not contained in the agreements with Niger, Guinea, and Ivory Coast.

9 The Guinea agreement adds “or held indirectly by such nationals, foundations, associations, or companies.”

10 Article 11, Date of Effectiveness and Renewal, of the Niger agreement is:

“This Agreement shall be effective retroactively from January 1, 1962, and shall remain in effect until December 31, 1963. It shall be renewable from year to year by tacit renewal for another period of one year, unless one or the other Contracting Party shall have terminated it in writing with a notice of three months prior to its expiration.

“It shall be applicable provisionally from the day of its signature, and its definitive date of effectiveness shall depend on notification by one of the Contracting Parties to the other that it has complied with the constitutional provisions relating to the conclusion and placing into effect of international agreements.

“In case of termination, the provisions contained in Articles 7 and 8 above shall continue to apply for five years to investments consummated [“realises”] prior to the termination.”

Article 11 of the Ivory Coast agreement is similar to the agreement with Niger, except that in the case of termination, the provisions in Articles 7 and 8 shall continue to apply for ten years to investments consummated prior to the termination.

Article 11 of the agreement with Guinea provides:

“This Agreement shall be effective until December 31, 1963. It shall be renewable from year to year by tacit renewal for another period of one year, unless one or the other Contracting Party shall have terminated it in writing with a notice of three months prior to its expiration.

“It shall be applicable provisionally from the day of its signature, and its definitive date of effectiveness shall depend on notification by each of the Contracting Parties to the other that it has complied with the constitutional provisions relating to the conclusion and placing into effect of international agreements.

“In case of termination, the provisions contained in Articles7 and 8 above shall continue to apply for 15 years to investments consummated [“realises”] prior to the termination.”