The States (the "Parties") which are parties to this
Memorandum of Understanding (the "MoU"),
DESIRING to strengthen their mutual co-operation and to exchange
information on trade and transport-related issues with a view to
facilitating trade and transport in Southeast Europe;
ACKNOWLEDGING their common aim to reduce the cost of trade and
transport at their borders, to reduce smuggling and corruption at
border crossings, and to strengthen regional partnerships and the
expansion of regional trade;
STRESSING their commitment to a regional trade and transport
facilitation program (the "Regional Program"), to be
partially financed by the International Bank for Reconstruction and
Development, the International Development Association, and other
lenders and donors;
HAVE AGREED on the following MoU:
Article I - OBJECTIVE
The objective of this MoU is to facilitate the successful
implementation of the various projects included in the Regional
Program.
Article II - GENERAL OBLIGATIONS
Each party agrees to co-operate in good faith with, and promptly
inform, other Parties with respect to the implementation of any
project included in the Regional Program.
Article III - REGIONAL STEERING COMMITTEE
The Parties agree to establish a Regional Steering Committee for
the purpose of overseeing overall implementation of the Regional
Program and comprising one high level official selected by each Party.
The Parties agree that the Regional Steering Committee shall
perform the following specific functions:
(a) consider information submitted by the representative of each
Party on a regular basis on the status of all the border crossings of
each Party and any bilateral or multilateral agreements on trade
facilitation entered into by the Parties;
(b) review and consider any obstacles to or delays in trade and
transit in the territories of the Parties;
(c) provide a forum for the sharing of results in implementing the
Regional Program in the territory of each Party;
(d) monitor the results of pilot projects and the activities of any
bilateral customs committees established by the Parties;
(e) cooperate with national and regional trade professional
committees ("Pro-Committees") established by the Parties;
(f) consider policies and measures for the regulation of customs
service personnel in accordance with international standards
including, without limitation, the guidelines established under the L9
Declaration of the World Customs Organisation (Customs Co-operation
Council), Arusha, 1993, commonly known as the Arusha Declaration of
July 1993;
(g) exchange information among the Parties to the MoU on the
classification of border crossings and on bilateral agreements
concerning border crossings;
(h) exchange information among the Parties about national
strategies to improve border crossing, including national customs
reforms strategies and action plans for their implementation and
periodic reporting on progress achieved; and
(i) consider new applications for accession to this MoU by other
States.
The Regional Steering Committee shall meet at regular intervals not
exceeding three months. It shall establish its own rules of procedure.
Representatives of the lenders and grantors for the Regional
Program may attend the meetings of the Regional Steering Committee.
Other interested governments, institutions, and bodies may be invited
to the meetings of the Regional Steering Committee, as appropriate.
Only Parties to the MoU will have a vote. Each Party’s
representative shall exercise authority only with respect to the
activities in the country which he or she represents.
Article IV - DURATION
All activities under the Regional Program shall be completed by
June 30, 2007. This MoU is concluded for seven years. Its duration
will automatically be extended for a further seven years if none of
the Parties objects at the latest one year before the expiration of
the first seven year period.
Article V - FINAL PROVISIONS
This MoU shall enter into force upon signature by at least three
Parties. In the case when an approval from Parliament is
required, the MoU shall become binding concerning that country, upon
its ratification.
This MoU shall be open to accession by all Parties that have
requested financial assistance from the International Bank for
Reconstruction and Development or the International Development
Association regarding the Trade and Transport Facilitation in
Southeast Europe Program. Accession shall be effected by a
notification in writing addressed to the Minister of Finance of
Republic of Macedonia. For each acceding State, this MoU shall enter
into force on the first day after the date on which such State shall
have received from the Minister of Finance of the Republic of
Macedonia acknowledgment of such notification. The Minister of Finance
of the Republic of Macedonia shall send a copy of such notification
and acknowledgment to all Parties