ECOWAS OFFICIAL SITE

CONVENTION A/P2/5/82 REGULATING INTER-STATE ROAD TRANSPORTATION BETWEEN ECOWAS MEMBER STATES

PREAMBLE

The Governments of member States of the Economic Community of West African States,

Mindful of Articles 40 and 41 of the Treaty of the Economic Community of West African States;

Conscious of the urgent need to develop transportation in general and road transportation in particular with a view to promoting trade;

Convinced that the gradual integration of the economies of the Member States of the region requires a harmonious development of the system of road transportation;

Desirous of encouraging movement of persons, goods and services through the harmonization of their transport policies;

HAVE AGREED AS FOLLOWS:

CHAPTER 1

DEFINITIONS

Article 1

In this Convention

"Treaty" means the Treaty of the Economic Community of West African States

"Community" means the Economic Community of West African States established by Article 1 of the Treaty.

"Member State" or Member States" means a Member State or Member States of the Community;

"Authority" means the Authority of Heads of State and Government of the Community established by Article 5 of the Treaty;

"Council" means the Council of Ministers of the Community established by Article 6 of the Treat;

"Executive Secretary" means the Executive Secretary of the Community appointed under Article 8 of the Treaty;

"Transporter" means the natural or legal person in whose name the transporter's licence is issued;

"Road Vehicle" means any motor vehicle or any trailer or semi-trailer with back axle, the front part of which rests on the towing vehicle and is so designed as to be connected to such a vehicle.

"Container" means any means of transport (frame, tankers of similar stock):

having a durable outlook and of such quality as to withstand repeated use.
specially designed to facilitate transportation of merchandise without the need for breaking bulk by one several means of transportation.
equipped with devices which can be easily manipulated especially when changing from one means of transport to another.
made in such a way that it can be filled and emptied easily, and
having and internal capacity of at least one cubic metre.

"Way-bill" means a document issued by the loading agent for the freight office, indicating the nature and weight of the cargo, the loading and off-loading points as well as the date of commencement of transportation.

CHAPTER II

OBJECTIVE

Article 2

The aim of this Convention shall be to define the conditions under which transportation by road shall be carried out between the Member States of the Community.
This Convention shall deal with the road transportation of persons and merchandise between one or several points of the territories of Member States by road vehicles or by containers mounted on such vehicles and operating along clearly defined inter-state road axes.

Article 3

The following shall be the recognised Community road axes:

In Benin

Cotonou-Bohicon-Dassa-Zoume-Parakou-Bembereke-Kandi-Malanville-(Niger)
Cotonou-Dassa-Zoume-Savalou-Djougou-Natitingou-Porga-(Upper Volta)
Cotonou-Port-Novo-Igolo-(Nigeria)
Djougou-Parakou-N'Dali-Nikki-(Nigeria)
Cotonou-Seme-Krake-(Nigeria)

In Ivory Coast

Abidjan-N'Douoi-Toumodi-Yamoussokro-Tiebissou-Bouake-Katiola-Ferkes-Sedougou-Ouangolo-Dougou-La Leraba-(Upper Volta)
Ouangolo-Dougou-Nielle-Kornani-(Mali)
Abidjan-Yamoussokro-Bouake-Daloa-Duekoue-Toulepleu-(Liberia)
Duekoue-Man-Danane-(Guinea)
Abidjan-Adzope-Abengouro-Agnibilekrou-(Ghana)
Abidjan-Grand Bassam-Abiosso-(Guinea)
Odienne-Touba-Man-Danane-Toulepleu-(Liberia)
San-Pedro-Tabou-(Liberia)

In Gambia

Banjul-Karang-(Senegal)
Banjul-Bignona-(Senegal)

In Ghana

Accra-Kumasi-Dorma-Ahenkro-(Ivory Coast)
Aflao-Accra-Takoradi-Axim-Elubo-(Ivory Coast)
Accra-Kumasi-Kintampo-Tamale-Bolgatanga-Navrongo-Paga-(Upper Volta)
Accra-Aflao-(Togo)
Bolgatanga-Bawku-Puisiga-(Togo)

In Guinea

Conakry-Boke-Gaoul-Koundara-Kandika-Gabou-Bissau-(Guinea Bissau)
Conakry-Labe Gaoul-Cerreforu-Lekering-Koundara-Tambacounda-Dakar (Senegal)
Conakry-Coyah-Pamelap-Massiaka-Freetown-(Sierra Leone)
Conakry-Coyah-Manou-Kankan-Siguiri-(Mali)
Conakry-Coyah-Manou-Kankan-Beyla-Nzerekore-Ganta-Monrovia-(Liberia)
Conakry-Kankan-Kerouane-Beyla-Sinko-(Ivory Coast)

In Guinea Bissau

Bissau-St Vicente-Ingore-St Domingos-M'Pack-Ziguinchor-(Senegal)
Bissau-Nhacra-Mansoa-Mansaba-Farim-Dungal-Tanaf-Zinguichor (Senegal)
Bissau-Mansoa-Mansaba-Bafata-Kontuboel-Kambadju-Salikenie-Kolda-Dakar-(Senegal)
Bissau-Bafata-Gabu-Bajocunda-Pirada-Wassadou-Koukane-Velingara-Dakar-(Senegal)
Bissau-Gabu-Buruntuma-Kadika-Koudara-Gaoual-Boke-Boffa-Conakry-(Guinea)

In Upper Volta

Ouagadougou-Koupela-Feda N'Gourma-Kantchari-(Niger)
Ouagadougou-Koupela-Tenkodogo-Bitou (Togo) and (Ghana)
Ouagadougou-Po-(Ghana)
Ouagadougou-Leo (Ghana)
Ouagadougou-Kaya-Dori-(Niger)
Ouagadougou-Yako-Ouhigouya-Thiou-(Mali)
Bobo-Dioulasso-Faramana-(Mali)
Bobo-Dioulasso-Orodara-Koloko-(Mali)
Bobo-Dioulasso-Diebougou-(Ghana)
Yako-Koudougou-Leo-(Ghana)
Bobo-Dioulasso-Ouessa-(Ghana)
Ouagadougou-Bobo-Dioulasso-Leraba (Ivory Coast)
Diebougou-Gaboua-Kampti-(Ivory Coast)
Sakoinse-Koudougou-Dedougou-Nouna-(Mali)
Fada N'Gourma-Pama-(Benin)

In Liberia

Monrovia-Freetown-(Sierra Leone)
Monrovia-Ganta-(Guinea)
Monrovia-Ganta-Tapeta (Ivory Coast)

In Mauritania

Nouakchott-Rosso-(Senegal)
Nouakchott-Aloun-Nema-Gogui-(Mali)
Nouakchott-Aloun-Nema-(Mali)

In Mali

Bamako-Nioro du Sahel-Nahe-(Senegal)
Bamako-Kita-Keneba-(Senegal)
Bamako-Kolokani-Mourdiah-Goumbou-Nara-Guirel-(Mauritania)
Bamako-Kolokani-Nioro du Sahel-(Mauritania)
Bamako-Goa-Labezana-(Niger)
Bamako-Dougouni-Sikasso-(Upper Volta)
Bamako-Segou-Bla-San-Severa-Bandiagara-Bankass-Koro-(Upper Volta)
Bamako-Segou-Bla-Sienso-Kiparana-Koury-(Upper Volta)
Bamako-Segou-Bla-San-Taminian (Upper Volta)
Bamako-Bougouni-Manakoro-(Ivory Coast)
Bamako-Bougouni-Sikasso-Zegoua-Bouake (Ivory Coast)
Bamako-Bougouni-Yanfolila-Badogo-(Guinea)
Bamako-Kouremale-(Guinea)

In Niger

Niamey-Makalondi-(Upper Volta)
Niamey-Tera-(Upper Volta)
Niamey-Tillabery-Ayorou-(Mali)
Niamey-Dosso-Birni-N'konni-Mara-(Nigeria)
Niamey-Dosso-Gaya-(Benin)
Tahoua-Tsernawa-Birni N'konni-(Nigeria)
Zinder-Magara-(Nigeria)
Naine-Soroa-(Nigeria)
Diffa-(Nigeria)
N'Guimai-Bosso-(Nigeria)

In Nigeria

Lagos-Badagry-Cotonou-(Benin)
Lagos-Idiroko-Igolo-Porto-Novo-(Benin)
Lagos-Kontagora-Kano-Kogolam-Zinder-(Niger)
Kano-Maradi-Birni N'Konni-Dosso-(Niger)

In Senegal

Dakar-St.Louis-Rosso-(Mauritania)
Dakar-Tambacounda-Doundara-Labe-(Guinea)
Dakar-Dianke Makam-(Mali)
Dakar-Kaolack-Keuraip-(Gambia)
Ziguinchor-Senaba-(Gambia)
Dakar-Kaolack-Karang-Banjul-(Gambie)
Dakar-Ziguinchor-M'pak-St. Domingos-Ignore-St. Vicente-Bissau-(Guinea Bissau)
Dakar-Kolda-Salikenie-Kambadju-Kontubouel-Bafata-Mansaba-Mansoa-Bissau-(Guinea Bissau)
Dakar-Ziguinchor-Tanaf-Dungal-Farim-Mansaba-Mansoa-Bissau-(Guinea Bissau)
Dakar-Velingara-Kounkane-Wassadou-Pirada-Banjocounda-Gabu-Bafata-Bissau-(Guinea Bissau)

In Sierra Leone

Freetown-Massiaka-Pamelap-Conakry-(Guinea)
Freetown-Massiaka-Bo-Mano-River-Monrovia-(Liberia)

In Togo

Lome-Tsevie-Atakpame-Sokode-Kara-Sansanne Mango-Dapaong-(Upper Volta)
Lome-Kpalime-Atakpame-Badou-(Ghana)
Lome-Aneho-Savicondji (Benin)
Lome-Kata-Ketap-(Benin)
Ghana-Kpalime-Notse-Tohoun-(Benin)
Kara-Awandjelo-Kabou-(Ghana)
Sokode-Bassar-Natchamba-(Ghana)

The present list of Inter-State road axes is provisional. It may be modified by the Council of Ministers upon the recommendation of the Transport, Telecommunications and Energy Commission.

CHAPTER III

HIGHWAY CODE

Article 4

The axle load of the various types of vehicles authorised to carry out Inter-State Transportation shall not exceed 11.5 tonnes.

Article 5

The maximum dimensions allowed for the road vehicles defined in Article 2 above shall be as follows:

Length: Vehicles with two or three axles.....11m (in exceptional cases, the length of passenger vehicles may be longer than 11 metres but shall not exceed 12 metres, provided the overhang shall not be greater than 6/10 of its width or a length of 3.5m). Articulated vehicles 15 m (under special arrangement made for container vehicles). Articulated carriage (vehicle + trailer 18 m). Road train ....................................22 m
Breadth All vehicles ..........................................2.50m............................................2.50m
Height-All vehicles.......................1.60m.........................................4m

Article 6

For an omnibus, two entrances or exits shall be provided for passengers. One emergency exit shall also be provided.

Width of the door....................................................0.60m

Height of the door....................................................1.60m

Every entrance or exit (other than emergency exit) shall be on the near side of the omnibus.

Article 7

Vehicles with exceptional dimensions shall seek permit from the Minister responsible for Transport in the State in which the vehicles are registered. In the event such vehicles operate in other Member States they shall seek prior approval from the Ministers of Transport of the transit States. Vehicles with exceptional dimensions may operate only during the day on specified axes during a specific period.

Article 8

The maximum number of passenger to be carried in public transport vehicles shall be determined by the following standards:

A space of 40 cm shall be provided for each passenger.
The space between the back of one seat and the other shall be 60 cm.
An allowance of 70 kg shall be made for the weight of each passenger.
Each passenger shall be entitled to 30 kg for his baggage.
An allowance of at least 40 cm shall be provided for a central corridor.

Article 9

Vehicles operating under the present Convention shall carry at their rear and front, reflectorised plates bearing their registration numbers and the signs of the Member States in which the registration has been effected.

Article 10

The minimum period for mechanical examination shall be fixed as follows:

Every three months for Passenger Transport Vehicles;
Every Six months for Goods Transport Vehicles.

The mechanical examination shall compulsorily be conducted before an Inter-State Passenger or Goods Transport Vehicle is put back on the road after it has been involved in a serious accident or when it is subject to alteration or transfer.

Article 11

A mechanical examination shall take place in the State where the vehicle is registered. It shall be recognised as valid in other States.

If the certificate of road worthiness expires while the vehicle is in the territory of a State other than that in which it was registered, it shall undergo a mechanical examination in that State.

If in the opinion of any of the contracting States such vehicles are deemed mechanically unfit, a report of the observation shall be forwarded to the State where the vehicle is registered with a view to effecting a re-examination.

The said vehicle shall comply with the internal regulations of the State in which it was registered upon its return to that State.

CHAPTER IV

TRANSPORTATION REGULATIONS AND REQUIREMENTS

Article 12

A vehicle registered in one of the Member States may operate between one or several predetermined points in the territories of other Member States along the axes defined in Article 3 above provided that:

The goods loaded in one State shall only be transported to another Member State or Member States
It complies with rules laid down by the offices in charge of freight.
The vehicle shall satisfy prescribed regulations while crossing the customs barrier of each Member State.

Article 13

In order to facilitate the use of public passenger transport operating between Member States, the conditions laid down in Article 11 of the Convention may be waived provided there is a bilateral or multilateral agreement between Member States concerned.

Article 14

Carriage of persons and goods mixed together in one vehicle shall be forbidden between States of the Community.

Article 15

Transportation of goods or persons along the Inter-State routes defined in Article 3 above shall be carried out in accordance with the regulations in force in each State regarding the co-ordination of transportation by rail or road.

Article 16

Vehicles registered in one of the Member States shall operate within the road traffic and fiscal regulations in force in their country of registration.

These vehicles shall be exempted from fiscal regulations in force in other Member States.

Article 17

Vehicles taking part in Inter-State transportation shall possess a bilingual (official language of the Member State/ One working language of ECOWAS) Inter-State Transport Permit, printed in two colours (grey) for vehicles licensed to undertake public transportation of persons and (green) for vehicles engaged in the transportation of merchandise.

The specimen permit attached as an appendix shall be the only recognised format.

This permit which shall be valid for each vehicle shall bear the authorised itinerary and the official stamp of the States involved.

This licence shall be valid for one year.

Article 18

Conditions for the issue of these permits shall be defined by bilateral or unilateral agreements signed between the States concerned. The agreements which may be renewed annually shall also stipulate for each State the number and the category of vehicles authorised to operate in the other State or States.

The basic criteria for comparison shall be tonnage and the authorised number of passengers; the number of vehicles according to specified categories may vary from one State to another in relation to the total number of vehicles in each State.

Article 19

The implementation of this system of transport authorised shall be subject to the establishment and operation of freight offices or road transport stations in charge of Inter-State transport in the principal towns of States which are signatories to this Convention.

Article 20

Rules relating to Inter-State allocation of freight shall be those laid by the Inter-State freight office of Member States.

Article 21

Vehicles shall possess a five-page way-bill in the Appendix and issued by the loading agent or the freight office stating the nature, the weight of the cargo, loading and off-loading points and the date on which the transport owner takes responsibility of the freight.

Article 22

The driver of a vehicle engaged in the Inter-State Road Transport shall produce on demand by any competent authority responsible for traffic control, the particulars of the vehicle:

Inter-State transport permit,
Waybill.

Article 23

The transporter shall be responsible for acquiring and maintaining the validity of an insurance policy covering the responsibility he might encounter in accordance with the legislation in force in countries where he shall operate as regards loss or injury to a third party taking into consideration the limits of the amount which the insurance policies of those countries have or may set for such purposes.

Article 24

An infringement of the provisions of the traffic regulations in any of the States shall render the offender liable to the sanctions prescribed by the laws or regulations in force in the country where the offence is committed.

Any infringement of the provisions of the present Convention, without prejudice to the sanctions that may be imposed on the driver or transport, shall render the offender in the person of the transporter in the State where the offence was committed liable to the temporary or permanent withdrawal of the Inter-State transportation permit of the vehicle in question.

CHAPTER V

GENERAL AND FINAL PROVISIONS

Article 25

The Member States agree to retain provisions of treaties signed between them which shall not be contrary to the provisions of the present Convention. Furthermore, Member States undertake to harmonise earlier accords signed and in force with third countries, to conform with the provisions of the present Convention.

Article 26

Any Member States may submit proposals for the revision of this Convention.
Any such proposals shall be submitted to the Executive Secretary who shall communicate them to the other Member States not later than thirty days after the receipt of such a proposal. Amendments or revisions shall be considered by the Authority after Member States have been given one month's notice thereof.

Article 27

Any Member State desiring to withdraw from the present Convention shall give a year' notice of its intention to the Executive Secretariat which shall inform Member States thereof. If by the end of this period, the notice is not withdrawn, the Member State concerned shall cease to be party to the Convention.

During the one year period referred to above, the Member State in question shall continue to comply with the provisions of the present Convention and it shall be incumbent upon it to discharge the obligations which fall on it by virtue of the present Convention.

Article 28

The present Convention shall enter into force provisionally upon signature by Heads of State and Government of Member States and definitely upon ratification by at least seven (7) signatory States in accordance with the constitutional procedures of each Member State. This Convention and shall transmit certified true copies of this Convention to all Member States and notify them of the dates of deposit of these instruments of ratification and shall register this Convention with the Organisation of African Unity, the United Nations and such Organisations as the Council shall determine.

THE GOVERNMENTS OF MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES;

Noting the rapid increase in international road traffic in ECOWAS Member States and the problems raised by such traffic in regard to motor vehicle liability insurance;

Conscious of the need to guarantee, for road accident victims, fair and prompt compensation for damage they may have sustained as a result of such accidents;

Anxious to facilitate, for their nationals driving their vehicles within the Member States, payment of compensation due from them as a result of accidents they may have caused and to enable them to comply with their obligations under local law or regulations on the subject;

Desirous of encouraging the development of trade and tourist exchanges between African countries;

Convinced that the establishment of a common system for the settlement of claims arising in international motor vehicle traffic will lead gradually to a desirable harmonisation between the parties to the present Protocol of the laws and regulations governing liability in respect of motor vehicle accidents;

Wishing to offer their insurance markets an opportunity and a means to develop international links and exchanges, which will inevitably contribute to the expansion of these markets;

Aware of the satisfactory results obtained by the International insurance card scheme which has been in force for many years in Europe, and of the institution of a similar scheme by the Arab countries;

Decide to establish, by this Protocol, an ECOWAS BROWN CARD covering motor vehicle liability when the vehicle insured is passing through territories of the parties to this Protocol such cover providing at least the same guarantees as those required by the laws in force in the territory of each of the parties.

Article 1

STRUCTURE OF THE SCHEME

The liability insurance scheme established by this Protocol shall have as its legal, technical and financial basis, the guarantees which are afforded to motorists proceeding to an ECOWAS Member State by taking out an insurance policy on the usual terms with an insurer authorised to undertake this type of business in the country which is the point of departure for the journey.
The scheme shall be based materially on an ECOWAS BROWN CARD whose form, as well as the guarantees it affords, are defined in the provisions of Article 4 of this Protocol.
The ECOWAS BROWN CARD shall be issued by a National Bureau established by each party to this Protocol in accordance with the provisions of Article 5 of this Protocol. The card shall be issued to motorists through the insurers with whom they have taken out a liability insurance policy valid when driving in their own country.
Each National Bureau shall settle, on behalf of its members insurers, claims arising from accidents caused abroad by holders of cards it has issued and shall also handle claims arising from accidents caused in its country by holders of cards issued by the National Bureaux of other parties to this Protocol. It may also take over the settlement of claims under cover of a joint deposit, the ECOWAS BROWN CARD constituting proof of this deposit.
The legal, administrative and financial operations of the scheme established by this Protocol shall be co-ordinated and supervised by a Council of Bureaux of which all the National Bureaux of the parties to this Protocol shall be members in accordance with the provisions of Article 6 of this Protocol.

Article 2

PARTICIPANTS IN THE SCHEME

Parties to this Protocol shall participate in the Scheme as principal participants.
Insurers, irrespective of their legal or financial structure, which are authorised by the competent authorities of their countries of activity to undertake insurance operations against liability risks in respect of motor vehicle accidents, shall participate in the scheme as subsidiary participants. The participation of such insurers in the present scheme shall be subject to their membership in the National Bureaux of their countries of activity.

Article 3

RESPONSIBILITY OF THE PARTICIPANTS

The responsibility of a party to this Protocol shall be:

To recognise the ECOWAS BROWN CARD and to enact laws and regulations for the establishment of the card scheme, and particularly for the creation of its National Bureau;
To ensure that its National Bureau is established and functions in accordance with the provisions of this Agreement, and that it joins the Council of Bureaux and complies with the decisions of the Council;
To guarantee the solvency of its National Bureau;
To deposit at its National Bank or a designated Commercial Bank a letter of credit in the amount equivalent to 174,000 UA to guarantee the performance by this National Bureaux of obligations under Article 5. Drawing may be made under the West African Clearing Account to discharge any obligations under this scheme.

The responsibilities of a subsidiary participants shall be:

To issue to its policy holders of ECOWAS BROWN CARDS guaranteeing such policy holders adequate cover against the motor vehicle third party risks they incur in the countries which they visit;
To undertake, by way of re-imbursement to the National Bureau, payment of compensation for damages and any accessory or related expenses;
To contribute to the operation expenses of the National Bureau and, through the Bureau, to the operating expenses of the Council of Bureaux.

Article 4

THE ECOWAS BROWN CARD

An ECOWAS BROWN CARD is hereby established.
This card shall be of a strictly uniform type to be determined by decision of the Council of Bureaux, which alone may alter the format, typographical layout, colour and content of the card.
The card shall include the following particulars: the name and address of the National Bureau which has issued it, particulars of the insurer insuring the motor vehicles, the identity of the policy holders, identification of the vehicle, period of validity of the card, its individual serial number; a list of countries in which it is valid; and the name and address in each of those countries of the National Bureau which the policy holder shall notify in the event of an accident. The card shall be signed by the insurer and by the policy holder.
The guarantee provided by the ECOWAS BROWN CARD shall cover the liability incurred by the holder of the card in accordance with the laws of each member country which he visits.
Notwithstanding the terms of the insurance policy under which it is issued, the card shall provide all the guarantees required by the laws or regulations governing compulsory motor vehicle insurance in the country in which the accident occurred. Such guarantees shall be subject to the conditions and limitations contained in the insurance policy, if the said conditions and limitations are permitted by the laws or regulations of the party to this Protocol in which the accident has occurred.
The ECOWAS BROWN CARD shall be recognised as a valid certificate of insurance in the territories of the parties to this Protocol in which the production of such a certificate is required, either within the national territory or at its frontiers, as a condition for the circulation of motor vehicles.
For a party in whose territory insurance is not compulsory by law, the guarantee provided by the ECOWAS BROWN CARD shall correspond to the third party liability on the motorist in accordance with the laws and regulations in force in the country where the accident occurred as interpreted and applied by the local judicial or administrative authorities.
During the period of its validity, the ECOWAS BROWN CARD should constitute proof of the existence of an insurance policy. It will be effective only in the event that the original cover is in force.

Article 5

THE NATIONAL BUREAUX

The status of each National Bureau shall be defined by the legal provisions in force, for this category of establishment, in the territory of a party to this Protocol. Its method of operation shall be determined by the legal instrument by which it is created.
In accordance with paragraph 2 of Article 2, each National Bureau shall be composed of insurers authorised by the local supervisory authorities for insurance against motor vehicles liability risks. The insurer shall apply for admission to the National Bureau and shall provide the Bureau with any guarantees it may require. In a country where one single State-owned insurance company has the monopoly of all insurance operations the Government of that party to this Protocol may designate that company to act as the National Bureau of that country.
The National Bureau shall be financed by the contributions of members. The amount and method of payment of contributions shall be determined at the time of admission to membership.
The members shall undertake to place at the disposal of the National Bureau as advances, at its request, the sum necessary for its operation.
The dissolution of a National Bureau shall be the initiative of the Government of the Party to this Protocol which shall take the necessary decision, stating the conditions and modalities of the dissolution. The notification of this decision shall be made to the Council of Bureaux at least six months before that dissolution.
The National Bureaux shall act either as an agency issuing ECOWAS BROWN CARD or as an agency handling commitments under ECOWAS BROWN CARDS issued by other National Bureaux.

The National Bureau, as an issuing agency:

shall arrange for the printing of the cards and shall allot to each of them a serial number in a single series; it shall issue the cards to insurers who are members of the Bureau and who request them. The said insurers shall keep a record enabling them to identify card-holders and the particulars shown on their own policy holders who have taken out a policy against motor vehicle liability risks.
shall give to each of the National Bureau of other signatories to this Protocol a general mandate authorising them to receive statements and claims concerning accidents caused in the territory of such other parties by the holders of the cards it has issued, to proceed with the investigation of such accidents and to pay compensation on request, supported by the usual documents of proof. It shall reimburse the National Bureau which has paid compensation as follows:

the total amount paid by way of damages, expenses and disbursements or, where the settlement is made by amicable agreement, the amount agreed in the settlement including the agreed expenses. Fines shall on no account be reimbursed
the expenses incurred in the investigation and settlement of the claim.
a handling fee calculated as a percentage of the amount of damages and legal costs or expenses agreed upon in a settlement by amicable agreement. This percentage shall be determined in advance and for all cases by the Council of Bureaux.

shall make reimbursement as calculated on the above-mentioned basis, including the minimum handling fee, even if the claim has been settled without any payment being made to an injured third party. Reimbursement shall be made to the requesting National Bureau; in the currency of its country and free of any exchange or transfer charges,
shall pay interest on the amount involved at the rate of 8% calculated from the date the claim is made up to the day it is paid; if after a period of three months from the day the request for reimbursement is made the settlement has not been received.

The National Bureau, as a handling agency:

shall, as soon as it is informed of an accident caused in a country which is a Party to this Protocol by the holder of an ECOWAS BROWN CARD issued by the National Bureau of another party to this Protocol, act in the best interest of the Bureau on receiving a claim for damages, it shall undertake necessary verification concerning the circumstances of the accident and, on the basis of these verification concerning the circumstances of the accident and, on the basis of these verifications, it shall advise the issuing Bureau and take any administrative or non-judicial action which it deems necessary. At the judicial level, the Bureau, in its capacity as handling agency, shall be entitled to take any steps to institute or contest an action. In the case of claims for damages below a certain amount established by agreement with each of the other issuing Bureaux the Bureau may agree to a settlement out of court. In the case of claims for damages exceeding the amount so established, the Bureau shall obtain the prior consent of the issuing Bureau before agreeing to any settlement;
shall not knowingly entrust or relinquish the handling of a claim to an insurer or to any person who may have a financial interest in the accident which has given rise to the claim;
shall be entitled, in a case where the compensation payable is in excess of 8,696 UA, to require the issuing Bureau to instruct a bank or other financial establishment to place immediately at its disposal, at its registered office, a sum corresponding to the estimated amount of the compensation.

Article 6

THE COUNCIL OF BUREAUX

The Council of Bureaux (hereinafter referred to as "the Council,") is hereby established.
The Council shall consist of one full fledged representative and one alternate representative of ECOWAS as well as one full fledged representative and one alternate representative selected from each National Bureau. It shall appoint on rotary basis its Chairman and Vice-Chairman from among the representatives in alphabetical order and for a period of one year. In the absence of both the Chairman and Vice-Chairman the members present shall elect one representative to preside over the meeting.
The Council shall hold its first meeting not later than two months after the entry into force of this Protocol at the Executive Secretariat of ECOWAS which shall be the temporary Headquarters of the Council until such a time the Council may decide on its Headquarters.
The Council shall meet at least once a year at a place and on a date which it shall determine. On the initiative of its Chairman or at the request of at least one third of its members, a meeting of the Council may be summoned by invitation to member at least 30 days before such a meeting.
The Council shall itself establish the agenda for its meetings, and only items included in the agenda shall be discussed. Items proposed in writing to the Chairman by at least a quarter of the members not less than ten days before the meeting shall be included in the agenda.
Each member of the Council shall have one vote. With the exception of decisions under paragraph 12 of Article 6, decisions of the Council shall be by a simple majority vote; decisions shall require presence of the representatives of at least half the members.
The Council shall appoint the Chairman who shall hold office for one year and co-ordinate the activities of the Council.
The Council shall establish its annual budget and shall fix the annual contributions to be paid by members which shall be an equal amount as among the members.
The Council shall have a general function of orientation, co-ordination and supervision over the whole of the ECOWAS Insurances Scheme established by this Protocol.
The Council shall determine the form and content of the ECOWAS BROWN CARD.
The Council shall co-ordinate the operation of the National Bureaux. For this purpose, it shall prepare a standard inter-Bureaux contract which shall be signed by all Bureaux and which the Council alone shall be entitled to amend. This contract shall in particular determine the maximum amounts for the delegation of owners of settlement by one National Bureau to another, and the minimum handling fee payable for each cash handled by them.
Any dispute between two or more National Bureaux as to the interpretation of application of this Protocol shall be referred to the Council. The Council shall decide the dispute on absolute majority. The decision pronounced shall be final and binding on the parties to the dispute. The decision shall be notified to all the National Bureaux and the Council shall see to its execution.
The Council shall on its own initiative or on the initiative of any Government party to this Protocol consider and, if it deems it advisable, propose changes in the laws or regulations of the parties to this Protocol with a view to improving the functioning of the ECOWAS BROWN CARD scheme, or to harmonising the systems of compensation for damages occasioned by road traffic accidents, or to improving accident prevention.

Article 7

WITHDRAWALS AND EXCLUSIONS

A Party of this Protocol may withdraw from it at any time after the expiration of a period of one year from the date on which this Protocol has entered into force by means of notification in writing addressed to the Executive Secretariat of ECOWAS. The withdrawal shall take effect twelve (12) months after the date of receipt of the notification by the Executive Secretariat, during which period the withdrawing party shall remain liable for its financial obligation under this Protocol. Any insurer member ceasing for any reason, to be a member of the National Bureau shall remain bound by the undertaking assumed by the Bureau during the period of its membership.
If any Party is in breach of its obligations under this Protocol and such breach substantially impairs the operation of this Agreement the Heads of State and Government may by a resolution exclude such a Party from this Protocol.
The Council of Bureaux shall determine any settlement of accounts with a withdrawing or excluded party. A withdrawing or excluded party shall not be discharged from its obligations until the extinction of all its existing liabilities.

Article 8

REVISION AND AMENDMENT

Any Party to this Protocol may submit proposals for amendment or revision of this Protocol.
Any such proposals shall be submitted to the Executive Secretariat of ECOWAS which shall communicate them to other Member States not later than thirty days after receipt of such proposals. Amendments or revisions shall be considered by the Heads of State and Government after Parties have given one month's notice thereof.

ENTRY INTO FORCE

Article 9

The present protocol takes effect temporarily as soon as it is signed by the Heads of State and Government and becomes permanent after its ratification by at least seven (7) signatory states in accordance with constitutional rules of each Member State.
The present Protocol shall be deposited at the Executive Secretariat of the Community which shall transmit certified copies of this document to all Member States, and shall indicate the dates of submission of the instruments of ratification and shall register them with the Organisation of African Unity, the United Nations Organisation and other Organisations chosen by the Council.

AGREEMENT FOR THE IMPLEMENTATION OF ECOWAS BROWN CARD SCHEME

(INTER-BUREAU AGREEMENT)

THIS AGREEMENT is made on the ...............day of ..................one thousand nine hundred and (..........19.........).

BETWEEN

For the purposes of implementation the provision of Protocol A/P 1/5/82 on the establishment of an ECOWAS BROWN CARD relating to Motor Vehicle Third Party Liability Insurance, the signatory National Bureau established in accordance with paragraph 3, of Article 1 of the Protocol have agreed to the following:

Article 1

For the purpose of this Agreement the following words and expressions shall have meanings herein assigned to them and no other:

"Protocol" means the Protocol signed by Member States of ECOWAS establishing a West African Motor Insurance Scheme otherwise known as "the Brown Card".
"Member" or "Insurer" means an insurance company or underwriting group which is a member of the National Bureau.
"Issuing Bureau" means the National Bureau which supplied a Brown Card to an insurer and who has responsibility for the payment of claim arising under the Scheme.
"Handling Bureau" means the National Bureau of the Country where a motor accident occurs.
"Insured" means a person insured under policy of insurance who holds a valid Brown Card.
"Vehicle" means any motor vehicle described either on a Certificate of Insurance or on the Brown Card.
"Brown Card" means the ECOWAS Brown Card issued by a National Bureau and delivered to an insured by a member. This card shall be deemed to be giving a motor third party liability insurance company for those guarantee required by the laws of countries for which the card is valid. The period of validity shall be stated on the card, and shall in no case exceed that of the insurance policy.
"Insurance Policy" means a policy of insurance issued by an insurer to an insured to cover liability arising out of the use of a vehicle.
"Accident" means an accident giving rise or liable to give rise to a claim against the insured as a result of the use of the insured vehicle.
"Council of Bureaux" means the body established under Article 6 of the Protocol.

Article 2

Each National Bureau shall issue Brown Card to its members, and the members shall deliver such cards to those respectively insured.

The issue of Brown Cards by National Bureau shall be in conformity with the provisions of Article 4 of the Protocol.

Article 3

When an accident occurs in a country which is party to the Protocol, in which a holder of a Brown Card is involved, and which may give rise to a claim against him, the Handling Bureau in this country shall receive all relevant notification on behalf of the Insurer.
As soon as any such accident is notified, the Handling Bureau without awaiting a formal claim against the holder of a Brown Card, shall proceed with the normal investigations and evaluation of the loss.
The Handling Bureau shall also notify the Issuing Bureau of the accident for further transmission to its Member who delivered the Brown Card to the Insured.
Nothing in this Agreement relieves the Insured from the duty to give notice to his Insurer regarding the accident in which he is involved.

Article 4

The Handling Bureau shall subsequently negotiate the claim with the Third party or parties on behalf of the member and submit to the Issuing Bureau a full report indicating the nature and extent of the material damage or bodily injuries supported by medical report as well as details of proposed settlement terms. The total amount of claims per one accident shall include compensation to be paid to the third parties, legal expenses and other incidental expenses incurred with the exception of the handling fees due to the Handling Bureau.
The Issuing Bureau shall not make payments arising from Court fines.

Article 5

Where the settlement referred to in Article 4 above does not exceed 3000 UA per accident, the Handling Bureau shall settle and notify the Issuing Bureau which shall reimburse the Handling Bureau.

Article 6

Where the settlement is above 3000 UA per accident the Handling Bureau shall have to obtain prior approval of the Issuing Bureau and that of its member which delivered the Brown Card before the effective payment of the claim.

Article 7

The Handling Bureau shall be entitled to handling fees amounting to 3% of the amount of claims settled by it subject to the maximum of 1000 UA. For claims which have been closed without payment a flat fee of 100 UA shall be due to it.

Article 8

In all cases of negotiating or discussing a claim, the Handling Bureau shall act in full compliance with the requirements of insurance law of the country of accident and the Issuing Bureau shall ensure that this is done.

Article 9

All loss settlement made by the Handling Bureau within the terms of this Agreement shall be unconditionally binding upon the Issuing Bureaux and their Members.

Article 10

The Handling Bureau may act through any one of its Members, but shall be responsible for any acts carried out on its behalf.

Article 11

Where claim cannot be settled out of Court then only the Handling Bureau may accept service of any legal process against the Insured. In such a case, the Handling Bureau shall arrange legal defence of suit and the legal fees and expenses incurred thereby shall be charged to the account of the Issuing Bureau.

Article 12

The accounts between the Handling Bureaux and the Issuing Bureaux in respect of loss settlements under this Agreement shall be closed quarterly, and rendered by the Handling Bureaux as soon as possible thereafter.
Accounts shall be confirmed by the Issuing Bureaux within one month of the receipt, and any balance due shall be settled immediately thereafter.
Any payment hereunder shall be made in original currency of the settled claim.
National Bureaux in their dual capacity as Handling and Issuing Bureaux may, at their discretion, set up clearing systems affecting amounts due to or by them under this Agreement.
Notwithstanding anything contained in this Agreement, the Handling Bureau may request form the Issuing Bureau immediate payment of any loss settlement which equals or exceeds 10,000 UA.
If after three months since the close of a quarter or after the due date of an immediate payment, reimbursement has not been made to the Handling Bureau, an 8% compound interest rate per annum calculated after the due date shall be added to the Council of Bureaux.

Article 13

The Handling Bureau shall not knowingly appoint, without written consent of the Issuing Bureau, or cause or permit a claim to be handled by any member or person or organisation who by virtue of any contractual obligation is financially interested in the accident giving rise to a claim. A case of non-conformity of this Article shall be referred to the Council of Bureaux.

Article 14

The Handling Bureau shall within three months after the close of a calendar year, send to the Issuing Bureau a statement of unsettled claim due by the latter showing the amounts for which the Issuing Bureau may be liable.

Article 15

Nothing in this Agreement shall effect or be affected by any arrangement or contact which may be made by a member Handling Bureau for the settlement of any other claim not required to be compulsorily insured under the Brown Card Scheme.

Article 16

Where the period on the Brown Card expires, the Handling Bureau, if requested, shall assist the vehicle owner or driver to obtain necessary compulsory insurance of the country or any additional cover that may be required.

Article 17

Unless proved otherwise any Brown Card carried by a motorist bearing the name of any Bureau shall be deemed properly issued by one of the Bureaux members.

Article 18

Any dispute between National Bureaux arising from the implementation of the Protocol of this Agreement shall be referred to the Council of Bureaux. The decision of the Council of Bureaux is final.

Article 19

Where in the country of one of the Bureaux insurance of liability in respect of third parties arising from the use of any category of motor vehicles is not compulsory for vehicles coming from another country, the following stipulation shall be applicable in that country for the said vehicles.

For the purpose of this clause

the Bureau for that country shall be called the "Investigating Bureau" and
the following substitution shall be deemed to have been made "Policy of Insurance" in Article 2 (c)

In this connection, the Bureau will immediately contact (either directly or through the Bureau of which the Investigating Bureau is a member) the member who issued the Brown Card to agree with the member on handling the claim on the member's behalf. The conditions of such settlement must be submitted for the member's approval and the fees which may be claimed shall be those defined in Article 5 of this Agreement.

The Investigating Bureau, if so requested by the member who issued the Brown Card, and according to the conditions agreed upon with this member, may deliver to the Insured presenting a Brown Card a letter of guarantee or any other document in use in that country establishing the existence of an insurance guaranteeing the vehicle.

Article 20

Any party to this Agreement may withdraw from the Scheme by giving twelve months notice to the Council of Bureaux. Notwithstanding that such notice has been given, the withdrawing party shall remain bound by this Agreement in respect of all cards issued by its members.

Article 21

This Agreement comes into effect on the same date as the Protocol.

IN WITNESS WHEREOF the parties hereto have hereunto signed and affixed their Common Seals, the day and year first above written.

CONVENTION A/P.1/7/85 ON THE TEMPORARY IMPORTATION OF PASSENGER VEHICLES INTO MEMBER STATES

THE HIGH CONTRACTING PARTIES,

Considering Article 23 of the ECOWAS Treaty

Considering Article 5 of the Protocol on the Free Movement of Persons, the Right of Residence and Establishment;

Desirous of promoting an effective implementation of the Protocol on the Free Movement of Persons, Rights of Residence and Establishment signed on 29 May, 1979 in Dakar, particularly in respect of the movement of passenger vehicles;

Convinced that the adoption of common procedures in respect of temporary importation of passenger vehicles will ensure the customs systems of Member States of a greater degree of harmonization and uniformity;

Decide To Conclude a Convention between themselves on the temporary importation of private passenger vehicles registered in Member States of the Community, and agree on the following provisions:

CHAPTER 1

DEFINITIONS

Article 1

For the purpose of this Convention:

"Community" means the Economic Community of West African States;

"Member State" or "Member States" means the Member State or the Member States of the Economic Community of West African States;

"Authority" means the Authority of Heads of State and Government established by Article 5 of the Treaty;

"Executive Secretary and Executive Secretariat" means the Executive Secretary and the Executive Secretariat of the Community as defined in Article 8 of the Treaty;

"Import Duties and Taxes" means customs duties and all duties and taxes chargeable by reason of importation;

"Vehicles" means passenger vehicles (road motor vehicles, including motorcycles) and trailers imported with the vehicles, or separately) registered in any one of the Member States (and including the accessories and normal component parts imported with the vehicles);

"Association and Normal Component Parts" means those elements delivered with the vehicle from the factory;

"Private Use" means use of the vehicle for purposes other than the conveyance of fare-paying passengers for gain or any other material consideration and other than the conveyance of industrial or commercial goods, with or without remuneration;

"Commercial Use" means use of the vehicle for the conveyance of fare-paying passengers, for gain or any other material consideration within its country of registration;

"Temporary Importation Permit" means the customs document on which the guarantee or consignation of import taxes and duties is entered;

"Persons" means individual or legal entities;

"Resident" means any person whose permanent residence is in a Member State, and who resides there more than six months in a year, who owns a permanent commercial or industrial enterprise or carries on any other remuneration activity in the said State;

"Temporary Admission" means importation, free of all import duties and taxes, subject to the conditions laid down by this Convention or by the laws and regulations of the country of importation;

"Issuing Association or Body" means an association or body approved by the competent authorities of a Member State, and authorised to issue customs clearance papers;

"Guaranteeing Association or Body" means an association or body approved by the customs authorities of a Member State to guarantee the duties, taxes and other sums chargeable for non-compliance with the conditions governing temporary admission of vehicles into the territory of that Member State;

CHAPTER II

SCOPE OF IMPLEMENTATION

Article 2

Each Member State of the Community shall grant temporary admission free of import duties and taxes, without import prohibitions or restrictions subject to re-exportation under the conditions laid down by this Convention, to passenger vehicles owned by persons normally resident outside its territory, and which are being imported for private or commercial use during a visit either by owners of these vehicles or by other persons normally resident outside its territory.
At the time of importation, these vehicles shall be covered by a temporary important permit guaranteeing payment of import duties and taxes waived and any customs penalties incurred.
Vehicles belonging to Diplomatic Missions and International Organisations, and all other official vehicles covered by travel authorisation, are excluded from the provisions of paragraphs 1 and 2 above.

Article 3

The following are admitted without payments of import duties and taxes free of import prohibitions and restrictions:

Fuel and petrol contained in the normal fuel tanks of vehicles temporarily imported, it being understood that the normal fuel tank is that designed by the maker for the type of vehicle concerned.

CHAPTER III

ISSUE OF TEMPORARY IMPORT PERMITS

Article 4

In conformity with the guarantees, and under such conditions as it may lay down, each Member State may authorise Associations and Bodies, especially those affiliated to an international organisation to issue and deliver the temporary import permits provided for by this Convention.
Temporary import permits are valid in all customs territories of Member States.
Each Member State shall accept in place of its national customs papers, the import permit indicated in Article 5.1 hereafter which guarantees the payment of import duties and taxes and any customs penalties incurred.
a) The period of validity shall not exceed one year from the date of issue.

The maximum duration of temporary importation shall not exceed ninety (90) days for private vehicles and fifteen (15) days for commercial vehicles. Any day begun is considered a full day.

Article 5

Temporary importation papers valid for the customs territories of all Member States shall be known and entitled "Customs Clearance Booklet" and must conform to the sample attached to this Convention.
Any issuing Association or Body from a given Member State must indicate on the cover leaf of the "Customs Clearance Booklet" the names of the other fifteen (15) Member States for which the Booklet is valid, as well as the corresponding guaranteeing Association or Bodies in the Member State into which the vehicle is being imported.
Each Member State shall transmit to the other Member States, and to the Executive Secretariat, its own sample of the "Customs Clearance Booklet"

CHAPTER IV

PARTICULARS TO BE DECLARED IN THE

CUSTOMS CLEARANCE BOOKLET

Article 6

"Customs Clearance Booklets" issued by authorised Associations and Bodies shall be made out in the name of the persons who own the vehicles temporarily imported.
The holder shall sign the Customs Clearance Booklet at the bottom of page (2) of the cover and undertake to respect the regulations applicable to vehicles in the importing Member State, and re-export the vehicle within the prescribed period of validity, failing which the penalties stipulated by the customs laws of the host Member State shall be imposed without prejudice to the payment of duties and taxes due.

Article 7

Page two (2) of the cover and each leaf of the Booklet shall carry all the information necessary for the identification of the vehicle and the payment of any duties and taxes.

registration number and country of registration,
make and type of vehicle, type of body, serial number, engine number, number of cylinders and horse power.
radio and other gadgets.
net weight of vehicle in kilogrammes, date of purchase, value of vehicle.
name of owner.

In addition to this information the residence leaflets shall bear the name and address of the issuing Association or Body; the name of the permit holder and their permanent or business address; the name of the driver and driving licence number; the type, number, date and place of issue of the driver's valid travel documents.

Article 8

Weight to be declared in the CUSTOMS CLEARANCE BOOKLET shall be the net weight of vehicle in kilogrammes.
Value to be declared in the CUSTOMS CLEARANCE BOOKLET shall be in the currency of the country in which the Booklet was issued.
Accessories and normal fittings imported shall be declared in the CUSTOMS CLEARANCE BOOKLET.

Article 9

Vehicles admitted under the cover of temporary importation CUSTOMS CLEARANCE PAPERS may used, for private purposes duly authorised by the holders of the clearance papers, normally, residing outside the Member State of importation and fulfilling the other conditions laid down by this Convention. The customs authorities of Member States have the right to demand evidence that such persons have been duly authorised by the holders of the papers and fulfil the aforesaid conditions.

CHAPTER V

GUARANTEE

Article 10

Each guaranteeing Association or Body guarantees to the customs authorities of the country in which its headquarters is located, the payment of amounts accruing from import duties and taxes and other amounts chargeable as a result of non-compliance with the conditions governing temporary importation of vehicles into its territory under the cover of temporary importation papers issued by a corresponding issuing Association or Body. They are held severally or jointly responsible with the persons so charged for the payment of the amounts mentioned above.
Customs Authorities may not in any circumstances demand from the guaranteeing Association or Body the payment of the import duties and taxes referred to in paragraph 1 of this Article if the claim has not been notified to the Association or Body concerned within 3 years of the date of expiry of the validity of the Booklet.

CHAPTER VI

CONDITIONS OF TEMPORARY IMPORTATION

Article 11

The vehicles mentioned in the "Customs Clearance Booklet" shall be re-exported in the same general state, except for wear and tear, within the authorised period of stay. In the case of vehicles which have been hired, customs authorities have the right to demand the re-exportation of the vehicles at the time the hirer leaves the Member State of temporary importation.
Evidence of re-exportation shall be provided by the exit visa properly appended to the Booklet by the Customs Authorities of the Member State into which the vehicle was temporarily imported.

Article 12

The re-exportation of badly damaged vehicles shall not be required provided that the vehicles conditions are assessed by the Customs Authorities and such vehicles are:

subjected to import duties and taxes to which they are liable
abandoned free of all expenses to the Treasury of the Member State into which they are temporarily imported;
destroyed under official supervision at the expense of the parties concerned.

Article 13

Vehicles imported into the territory of one of the Member States under cover of the "Customs Clearance Booklet" may not be used even incidentally for transport against payments, reward or other consideration between points within the frontiers of that territory.

Article 14

A person entitled to temporary importation papers may during the period of validity of the "Customs Clearance Booklet" import the book covered by the temporary importation papers as often as necessary on condition that they have each passage (entry and exit) established by a visa of the customs officers concerned and provided that the length of each stay does not exceed the period allowed.

CHAPTER VII

EXTENSION OF VALIDITY OF IMPORTATION PAPERS AND PERIOD OF STAY OF VEHICLE

Article 15

The provision of Article 4 paragraph 4 above notwithstanding, the duration of the validity of "Custom Clearance Booklet" may be extended for a maximum period of one year.
Each Member shall recognise as valid the extension of validity obtained in any other Member State.

Article 16

Extension of stay for vehicles imported temporarily shall be granted when the persons concerned can establish to the satisfaction of the Customs Authorities that they are prevented by force majeure from re-exporting the said vehicles within the time allowed.

CHAPTER VIII

REGULARISATION OF IMPORTATION PAPERS

Article 17

The re-exportation of vehicles temporarily imported into Member States under the cover of the temporary importation paper, shall be effected by returning the Exportation Voucher to the Customs entry point of the Member State of importation.
In the event of destruction, loss or theft of a "Customs Clearance Booklet" while the vehicle is on the territory of one of the Member States, the Customs Authorities of the State shall, at the request of the representative of the Association or Body concerned accept a replacement Booklet the validity of which shall coincide with the expiry date of the Booklet it replaces. This acceptance of the replacement documents shall annul the previous acceptance of the paper destroyed, lost or stolen.
In case of destruction, loss or theft of a "Customs Clearance Booklet" which has not gone through re-exportation formalities the Customs Authorities may accept a certificate issued by the appropriate Authorities in place of the said Booklet.

Article 18

In the case of non re-exportation within the stipulated time of vehicles imported under cover of the "Customs Clearance Booklet" import duties and taxes due at the time of importation shall be paid compulsory notwithstanding the penalties provided for under the legislation and regulations existing to that effect in the Member State concerned and imposed by the customs administration.
When proof of re-exportation of vehicles is not furnished by the guaranteeing Association or its agent within the period of three years from the date of notification of the fact that the re-exportation counterfoil of the Customs Clearance Booklet has not been submitted import duties and taxes shall be charged.

Article 19

In the event of fraud, contravention or abuse, the Member State shall have the right to embark on legal proceedings against persons holding Customs Clearance Booklet or against their guaranteeing Association for the recovery of the import duties and taxes and also the imposition of any penalties to which such persons have rendered themselves liable.

CHAPTER IX

MISCELLANEOUS PROVISIONS

Article 20

Neither the processing nor the stamping of the Customs Clearance Booklets under the provisions of this Convention shall give rise to any remuneration for such customs services rendered.

CHAPTER X

FINAL PROVISIONS

Article 21

Any disputes which may arise between Member States regarding the interpretation or application of this Convention shall be settled in conformity with the procedure for the settlement of disputes stipulated in Article 56 of the Treaty.

Article 22

Any Member State may submit proposals for the amendment or revision of this Convention.
Any such proposals shall be submitted to the Executive Secretary who shall communicate them to other Member States within (30) thirty days of the receipt of such proposals. The amendments or revisions shall be examined by the Authority at the expiration of the thirty (30) days notice period given to Member States.

CHAPTER XI

DEPOSIT AND ENTRY INTO FORCE

Article 23

This Convention shall enter into force provisionally upon signature by the Heads of State and Government of Member States and definitively upon ratification by at least seven (7) signatory States in accordance with the constitutional procedures applicable for each signatory Member State.
This Convention and all the instruments of ratification shall be deposited with the Executive Secretariat which shall transmit certified true copies to all Member States and notify them of the dates of deposit of the instruments of ratification and shall register this Convention with the Organisation of Africa Unity, the United Nations Organisation and all other Organisations.
This Convention shall be annexed to and shall from an integral part of the Treaty.

ECONOMIC COMMUNITY OF WEST AFRICAN STATES

CUSTOMS CLEARANCE BOOKLET FOR PASSENGER VEHICLES

All particulars of the Customs Clearance Booklet shall be printed in English and French
The dimensions shall be 22 x 27 cm
The Issuing Association shall insert its name on each voucher and also included where applicable, the abbreviation of the International Organisation to which it is affiliated.

MEMBER STATE ASSOCIATION..............................

INTERNATIONAL ORGANISATION...................

No.

Valid for one year that is, until...............................................................inclusive

(insert date in red ink)

Subject to compliance by the holder during this period with the Customs laws and regulations of the country visited.

ISSUED BY ...................................................................................................

HOLDER........................................................................................................

(Block Letters)

PERMANENT OR BUSINESS ADDRESS....................................................

(Block Letters)

This document is only valid in the following countries:

People's Republic of BENIN
BURKINA FASO
Republic of CAPE VERDE
Republic of IVORY COAST
Republic of THE GAMBIA
Republic of GHANA
Republic of GUINEA
Republic of GUINEA BISSAU
Republic of LIBERIA
Republic of MALI
Islamic Republic of MAURITANIA
Republic of NIGER
Federal Republic of NIGERIA
Republic of SENEGAL
Republic of SIERRA LEONE
Republic of TOGO

DESCRIPTION OF VEHICLE

Motor vehicle driven by internal combustion, electricity, steam, trailer.
Type (car, bus, lorry, van, tractor, motorcycle with or without side-car, cycle with auxiliary engine)* EXTENSION OF VALIDITY OF THE BOOKLET
Registered in .....................................................................................................
Registration No .................................................................................................
Make ................................................................................................................
Chassis No ........................................................................................................
Body (Type of Shape) .......................................................................................
Upholstery
Number of Seats
or Carrying capacity
Engine (Make)....................................................................................................
(No)...................................................................................................................
(Number of Cylinders)........................................................................................
(Horse Power)...................................................................................................
Spare Tyres........................................................................................................
Radio.................................................................................................................
Other Particulars.................................................................................................
Net weight of vehicle (kg)....................................................................................
Date first put on the road.....................................................................................
Value of vehicle..................................................................................................

(*) Delete where not applicable

OBLIGATION OF HOLDER

The Holder of this Booklet is bound to re-export the vehicle within the period specified and to comply with the laws and customs regulations on temporary importation of motor vehicles in the Member States visited, under the guarantee of the Guaranteeing Association of each Member State.
Upon expiry this Booklet should be returned to the Association which issued it.

....................................................

Signature of Holder

....................................................................................

Signature of the representative of the International Organisation if the issuing Association is affiliated to an International Organisation.

..............................................................................................................................

Signature of the Authority representing the Association issuing the Booklet.

COUNTERFOIL

Importation into..................................
Of vehicle described in Booklet............
No.......................................................
Took place on......................................
At the Customs Office of......................
Voucher Registration No......................
Driving licence No...............................
Identification .....................................

Type........................................................

No...........................................................

Address in the country visited.............
Customs stamp

Customs Officer's Signature..............

AND Visa........................................

Exported from..................................
Took place on ..................................
At the Customs Office of .................
Duration of Stay...............................
Customs Stamp................................

EXPORTATION VOUCHER

Of Customs Clearance Card No.
Valid until........................................
Issued by .........................................
Holder.............................................
Permanent or Business Address........
Holder.............................................
For a motor vehicle driven by internal combustion, electricity, steam, trailer..
Type (car, bus, van, tractor. Motor-cycle with or without side-car cycle with auxiliary engine)...................................................................
Registration in ......................................................
Registration No.....................................................
Chassis..................................................................
Make......................................................................No........................Body........................
Type of Shape......................................................
Colour...................................................................
Upholstery............................................................
Number of seats or carrying capacity
Make....................................................................
No........................................................................
Number of cylinders..........................................
Horse power.......................................................
Spare Tyres.........................................................
Radio (indicate make)
Other particulars.................................................
Net weight of vehicle in kg................................
Date of firs put on the road...............................
value of vehicle..................................................
Date of re-exportation........................................
At the Customs Office of.....................................
Booklet registered under No................................

Customs Stamp/Customs Officer's signature
To be returned to the Customs Office of importation at...............................................
Where the Customs Clearance Booklet has been registered under No.

IMPORTATION VOUCHER

Of Customs Clearance Card No.
Valid until..........................................................
Issued by...........................................................
Holders .............................................................
Permanent or Business Address.......................
Address in country visited................................
For a motor vehicle driven by internal combustion, electricity, steam, trailer..
Type (car, bus, van, tractor, motor-cycle with or without side-car, cycle with auxiliary engine)
Registered in.....................................................
Registered No...................................................
Chassis..............................................................
Make.................................................................No...........................Body...................
Type of Shape...................................................
Colour................................................................
Upholstery.........................................................
Number of seats or carrying capacity..............
Make...................................................................
No......................................................................
Number of cylinders..........................................
Horse power.......................................................
Spare types.........................................................
Radio (indicate make).......................................
Other particulars................................................
Net weight of vehicle in kg................................
Date first put on the road...................................
Value of vehicle..................................................
Date of importation............................................
At the Customs Office of...................................
Booklet registered under No..............................
Customs Stamp/Customs Officer's Signature..
Custom's Officers Signature..............................

N.B. The Customs Entry Post shall fill in lines 32 and 33 of the adjacent exportation voucher.

INSTRUCTIONS

The Customs Clearance Booklet is issued to the holder by an Association authorised by the Customs Administration of the State of his residence at a cost of.........................................
The Holder must sign the booklet at the bottom of the back outer cover
Each Voucher covers a temporary stay within a Member State visited
The total number of stays in a year shall not exceed 180 days.
Each day commenced is considered a full day.
On importation the Customs Entry Post shall detach and retain the Importation Voucher, append a visa on the Counterfoil and fill in lines 32 and 33 of the Exportation Voucher.
On re-exportation, the Customs Exit Post shall detach and retain the exportation voucher and append a visa on the Counterfoil.
The visa must include the customs stamp, date and signature of the Customs Officer. The Holder should verify on the spot that visas are authentic and complete in order to avoid any inconveniences later.
The Booklet must be filled in clearly and boldly, all alterations and additions are strictly forbidden. Any alteration must be approved and initialled by the competent Customs authority.
The Customs Clearance Booklet cannot be used either for final importation of a vehicle if the Holder has his principal residence in the Member State of importation or for lending the vehicle to a person who resides in the country of importation.
On expiry the voucher must be returned to the authorised issuing Association.
In the event of the Holder being in any difficulties in the Member State of temporary importation (as a result of loss of the booklet for example), he should immediately notify the nearest Customs Office of that State and he should follow the instructions given to him.
The vehicle can neither be sold nor destroyed without permission and compliance with relevant Customs formalities and the booklet should be returned thereafter to the authorised Association which issued it.
In the event of changes made to the vehicle (e.g. change of engine), the Holder must notify the Customs Administration of the Member State visited.

* Currency of State of residence.

...............................................................................................

(BACK OUTER COVER OF CARD)

I declare that the particulars are true and correct, that I am visiting that country for a temporary period, that I will comply with all customs conditions and requirements regarding the temporary period, that I will comply with all customs conditions and requirements regarding the temporary importation of passenger vehicles and that I will re-export the vehicle referred to overleaf within the period of validity of this document.

.............................................................................../Holder's Signature

At.......................................................................on.................19................