COMISSAO DA CEDEAO

ECONOMIC COMMUNITY OF

WEST AFRICAN STATES

COMMUNAUTE ECONOMIQUE

DES ETATS DE L'AFRIQUE

DE L'OUEST

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ECOWAS DIRECTIVE ON

THE HARMONIZATION OF GUIDING PRINCIPLES

AND POLICIES IN THE MINING SECTOR

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Published By

THE ECOWAS COMMUNITY OF WEST AFRICAN STATESCOMMUNAUTE ECONOMIQUE DES ETATS

DE L'AFRIQUE DE L'OUEST

101 YAKUBU GOWON CRESCENT, ASOKORO DISTRICT,P. M. B. 401, ABUJA, NIGERIA

TEL: (234 -9) 314 7647-9, (234 -9) 314 7427-9FAX: (234 -9) 314 7646, (234 -9) 314 3005E-Mail: cedeao@ecdwasmail.net

COMISSAO DA CEDEAO

ECONOMIC COMMUNITY OF

WEST AFRICAN STATES

COMMUNAUTE ECONOMIQUE

DES ETATS DE L'AFRIQUE

DE L'OUEST

ECOWAS DIRECTIVE ON

THE HARMONIZATION OF GUIDINGPRINCIPLES AND POLICIES IN

THE MINING SECTOR

THE COUNCIL OF MINISTERS,

MINDFUL of articles 10, 11 and 12 of the EECOWAS Treatyas amended establishing the Council of Ministers anddefining its composition and its functions;

MINDFUL of the Protocol A/P.1/7/91 on the CommunityCourt of Justice;

MINDFUL of the Protocol A/P.1/5/79 of May 1979 on freemovement of people and goods;

MINDFUL of Article 31 of the Revised ECOWAS Treatyrelating to natural resources which prescribe the need toharmonize and co-ordinate policies and programmes ofMember States,

MINDFUL of the need to improve economic and socialjustice within the communities in decision making processesrelating to the exploitation of natural resources as part of anefficient conflict prevention policy, as stated in theECOWAS Conflict Prevention Strategy Framework adoptedin November 2007

MINDFUL of Article 21 of the African Charter on Human

and Peoples Rights,

RECALLING the ECOWAS Supplementary ProtocolAP/SP1/12/01 of 21st December 2001 on Democracy andGood Governance which prescribes the principles of goodpolitical, economic and social governance;

RECOGNIZING that government, investors and businessenterprises have the primary responsibility to promote andprotect human rights in the Mining Sector in West Africa,

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AWARE of the United Nations Global Compact initiativewhich challenges business leaders to 'embrace and enact'nine basic principles with respect to human rights, includinglabour rights and the environment; and the ILO Declarationon Fundamental Principles and Rights of Work,

ACKNOWLEDGING the universality, indivisibility,interdependence, and inter-relatedness of human rights,including the right to development as recognised in theInternational Covenant on Economic, Social and CulturalRights, that entitles every person and all peoples toparticipate in, contribute to, and enjoy economic, social,cultural, and political development in which all human rightsand fundamental freedoms can be fully realized,

CONSCIOUS of the fact that mining affects the ecosystemsand is not limited to the immediate area of the mine site andalso impacts on communities in the environmental, social,and economic zone surrounding the mine; and that certain'communities of interest' require special consideration bymining companies, governments, and investors; and suchgroups include local peoples, artisanal miners, mineworkers and people within the communities who aremarginalized.

RECOGNIZING the need to develop widely acceptedcriteria by which, governments, communities, industries andother stakeholders can measure environmentalperformance and acceptability of mining operations; usingsuch criteria to develop appropriate standards as conditionfor permits required for mine development,

RECOGNIZING the need to protect and maintain themacroeconomic stability of Member States in terms ofrevenues derived from mining as well as providing aconducive economic environment to attract investors into

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the mining industry; and the need to maintain a balancebetween the interests of Member States and the investor

community,

CONSCIOUS that exploitation and transformation of .theMining Product is essential for the socio-economicdevelopment of the Member States and that benefits fromthese activities should be equitably shared among presentand future generations.

RECOGNISING that governments of Member States shouldplay the lead role in creating a framework for policies andregulations for the mining industry and contribute tosustainable development.

RECOGNIZING the significant contribution of Civil SocietyOrganisations, the Media and various stakeholders in theprotection and promotion of human rights and the right oflocal communities in the mining areas to citizen participationin their development;

CONVINCED of the need to develop a common miningpolicy in the ECOWAS Sub-region taking into accountother international, regional and sub-regional initiatives,such as the. adoption by UEMOA Member States of acommon mining policy and the Community Mining Code ;

AFTER the opinion of Community Parliament.

PRESCRIBES AS FOLLOWS

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CHAPTER I

DEFINITIONS AND OBJECTIVES

ARTICLE 1: Definitions

For the purpose of this Directive:'Artisanal and Small-scale mining operations' means

mining operations over an area of land inaccordance with criteria of size, production,area, capital investment, depth of operationlimitation, equipment allowed and/or localparticipation prescribed by legislation inMember States.

'Civil Society Organization' means any organized nonpublic sector organization or grouping

'Geological Activities' means all scientific studies carriedout on the ground either directly or remotely forthe purpose of identifying among others,mineral resources

'Localization' means all activities that aim to increaselocal procurement of goods and services,training, technology transfer and developmentof local entrepreneurship, designed towardsthe eventual replacement of expatriatepersonnel with personnel of a Member State.

'Mine' when used as a noun, means a place, excavationor workings, where an operation connectedwith mining is carried on together with all

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buildings, premises, erections and appliancesbelonging or appertaining to it above andbelow the ground for purposes of winning,treating or preparing minerals, obtaining orextracting a mineral .or metal by a mode ormethod or for the purpose of dressing mineralore, and includes a quarry where buildingminerals are mined.

'Mine' when used as a verb, means intentionally to winminerals, and includes an operation includingprospecting directly or indirectly necessary formining or incidental to mining and 'mining' shallbe construed accordingly.

'Mineral' means a substance in liquid or solid form thatoccurs naturally in or on earth, including on orunder the seabed, formed by or subject togeological processes including but not limitedto industrial minerals and petroleum.

'Mineral Operations' means reconnaissance, prospecting,mining, or related activities, includingreclamation and post-mine monitoring, for or ofminerals.

'Mineral right' means licenses, permits, leases and otherauthorizations granted by member states toindividuals or corporate bodies including theiragents or subcontractors for the purpose ofexploring for, processing or mining of minerals.

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'Mining operations' means all operations carried out inthe exercise of rights conferred by a license orauthorisation to exploit mineral.

'Prospect' means to search for a mineral and includereconnaissance and operations to determinethe extent of economic value of a mineral

deposit.

'Reconnaissance' means the search for minerals bygeophysical, geochemical and photo-geological surveys or other remote sensingtechniques and surface geology in connectionwith it including collection of necessaryenvironmental data.

'State Agencies' means bodies or institutions set up byMembers States with a specific mandate andincludes quasi or parastatal bodies

'Water bodies or Water Resources' means all waterflowing over the surface of the ground orcontained in or flowing from any river, spring,stream or natural lake or part of a swamp, in orbeneath a watercourse and includes allunderground water contained in an aquifer.

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ARTICLE 2: Objectives

The objectives of this Directive are:

1. To provide harmonization of guiding principles andpolicies in the mining sector of Member States toensure high standards of accountability for miningcompanies and governments, promoting humanrights, transparency and social equity as well asproviding protection for local communities and theenvironment in mining areas within the sub-region

2. To provide a mining environment that isresponsive to macroeconomic sustainabledevelopment and balances the need to provideappropriate incentives to attract investors and toprotect the revenue base and resources ofMember States

3. To improve transparency in mineral policyformulation and implementation processes inmining within the sub-region to promote theparticipation and enhance the capacity of miningcommunities.

4. To provide for a harmonized mineral policy andlegal framework for Member States

5. To ensure that Harmonization takes intoconsideration the different stages each MemberState is at, in relation to mining, and how differentpolicies could be enacted and or developed fordifferent strategies to address the specific needsof each Member State.

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CHAPTER II:

MINERALS AS STATE RESOURCES

ARTICLE 3: Vesting of Mineral Resources in theState

1. Every mineral in its natural state in, under or uponland of a Member State, rivers, streams, watercourses throughout the sub-region, exclusiveeconomic zones and an area covered by theterritorial seas or continental shelves is theproperty ofthe respective Member State.

2. Holders of mining rights or titles acquire ownershipof the mineral substances they extract inaccordance with legal and contractual provisionsin force

3. The mineral is vested in the State to be held andmanaged in trust for the people of the MemberStates. Member States are enjoined to take all thenecessary steps including but not limited toappropriate legal and administrative regimes toprotect their mineral resources.

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ARTICLE 4: Acquisition or Occupation of Landfor Mining

1. Where land is required for the development of amineral resource the land must be acquired oroccupied in accordance with the existing laws ofMember States.

2. Where land has been acquired for thedevelopment of a mineral resource, the owner orlawful occupier shall be paid adequate andprompt compensation.

3. The computation of any compensation for theacquisition of land to develop a mineral resourceshould take into consideration the loss to besuffered by the user of the land area, theinconveniences which can be assessed accordingto legal principles in monetary terms caused to theland owner or lawful occupier, the losses anddamages suffered by the immovable assets andtheir appurtenances, the loss of revenue, includingexpected losses of agricultural income;and otherreasonably proven losses, by providingcompensation in accordance with the bestinternational practices.

4. Member States sha!! designate some lands as :nogo zones7 for mining activities if sucn lands havepeculiar risks to the preservation of securityincluding areas which have environmental, socialand cultural sensitivity to mining operations.

ARTICLE 5: Acquiring Mineral Rights

1. Notwithstanding a title or right to land upon whichminerals are situated, a search, reconnaissance,prospecting, exploration, mining or any suchsimilar activity shall only be undertaken by anyperson after the grant of a valid mineral right by acompetent authority.

2. In the granting or withdrawal of mining rights,procedures laid down in Member States shall befollowed and there shall be transparency at eachstage of the decision making process.

3 Notwithstanding clause (1) of this article, StateAgencies of Member States shall not be preventedfrom conducting geological activities inaccordance with existing law in areas where amining right has been acquired.

Qualifications for acquiring a mining right inMember States must meet international bestpractices in the mining industry and shall includebut not limited to respect for the environment; therights of mining communities, a plan approved bythe competent authority for the mining company toutilise local goods, services and manpower;

4 The competent authority of a Member State mayrevoke a mining right granted under this article if itis satisfied after formal investigation and audit thatthe right holder has contravened any provision ofthis Directive or any law of a Member State, has

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been convicted of an offence relating to smugglingor illegal sale or dealing in minerals.

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CHAPTER III:

PROTECTION OF THE ENVIRONMENT

ARTICLE 6: Environmental Protection

Obligations

1. Before undertaking any mining activity, a holder ofa mineral right shall obtain the necessary permitsand approvals from the competent authorities of aMember State to protect forests, water resources,the environment, other natural resources andpublic health in its mining activities.

2. Member States shall adopt appropriate legislation(where none exist) to provide for complaintmechanisms and audits for the observance ofobligations arising from this Directive onenvironmental performance and protection.

3. Mining investors shall carry out their activities inaccordance with national laws, Regulations,administrative practices, and Policies relating tothe preservation of the environment of MemberStates in which they operate and with due regardto relevant international Agreements, principles,objectives, and standards with regard to theenvironment, public health, and safety; and shallgenerally conduct their activities in a mannercontributing to the wider goal of sustainabledevelopment.

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Mining Companies shall develop and makeadequate provision to implement reclamation,closure and post closure plans before operationsbegin. This plan shall be submitted to thecompetent authority for approval and shall besubject to periodic reviews.

There shall be periodic audits to ascertain theoperational and environmental performance ofmines.

Member States shall ensure that holders of

mineral rights shall prevent and manage spillageof cyanide, mercury and other similar substancesas well as\-t)ther hazards related to miningactivities; * . .

Member States shall set up a Reclamation Fundfor the purpose of reclaiming and rehabilitatingmined out areas.

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CHAPTER IV:

PROTECTION OF NATIONAL INTEREST

ARTICLE 7: Stability Agreement

1. The competent authority of Member States as partof the granting of a mining right may enter into aStability Agreement based on negotiations with aninvestor in mining.

2. A Stability Agreement shall reflect the nationalinterest of the Member State and that of theInvestor.

3. The negotiations pursuant to the said Agreementshall address issues on adverse effects ofchanges in existing law, level of and payment ofroyalties, taxes, and duties on the importation ofinputs.

4. The Stability Agreement shall be subject toratification by the National Parliament or any otherbody approved by a Member State.

ARTICLE 3: Fiscal Framework

Member States shall enact appropriate legislationto optimize and protect revenues due and accruingto them from mining activities.

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2. Exemptions to the payment of customs import dutyin respect of plant, machinery, equipment andaccessories imported specifically and exclusivelyfor mining operations shall be subject to a mineralright holder, respecting its social environment andother obligations to mining communities asspecified in guidelines or legislations of MemberStates.

3. Staff of a holder of a mineral right shall pay taxeson all their incomes at the same rate as citizens of

a Member State except where a Double TaxationAgreement exist between the Member State andthe home State of the mineral right holder to thecontrary.

4. Personal remittance for expatriate personnel shallnot be free from tax imposed by existing lawexcept where a Double Taxation Agreement existbetween the home country of the said personneland a Member State to that effect.

5. Member States shall ensure the equitable andeffective distribution and transfer of portion of

xmining incomes, provided for in the guidelines orlegislation of Member States for the benefit oflocal communities and encourage strengthening oftheir capacities. Member States shall review,update and harmonize their fiscal regimes everythree years.

ARTICLE 9: Transferability of Capital

A holder of a mining right who earns foreignexchange from mining operations may bepermitted by the competent authority in a MemberState to retain in an account opened in the saidState a portion of the foreign exchange earned foruse in acquiring spare parts and other inputsrequired for mining provided that evidence exist tothe effect that no such funds are readily availablewithout the use of a mechanism of such anaccount.

Any foreign exchange earned and authorized to beretained in an account under this article shall beused specifically and exclusively for:(a) the purchase of spare parts, plant,

consumables, machinery and equipment;(b) debt servicing and dividend payment;(c) remittance in respect of quotas for

expatriate personnel; and(d) the transfer of capital in the event of a sale

or liquidation of mining operations.A Holder of a mining right shall be guaranteed freetransferability of convertible currency per annum ata rate to be mutually agreed with Member States;

Any transfer of convertible currency by a miningright holder provided in this article shall be madein accordance with the relevant foreign exchangeregime of Member States. Member States shallput in place measures to prevent capital flight or in

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the case of net foreign exchange holder, throughthe account opened under clause (1) of this article

ARTICLE 10: State Participation in MiningOperations

1. A competent authority in a Member State may bynotice in writing require a mining right holder whichis a corporate body to issue to that Member Statea special share, by whatever name called in thecompany for no consideration.

2. The special shares shall constitute a separateclass of shares and shall have rights agreed onbetween the competent authority of the MemberState and the Mining Right Holder;

3. A Member State may also participate in the equityof mining operation within their territorial area onterms to be mutually agreed.

ARTICLE 11: Localization Policy of MiningOperations

1. In pursuance of a localization policy, a holder of amining right in a Member State shall submit andcomply with the competent authority a detailedprogramme for recruitment, technology transfer,and training of local personnel.

2. Member States shall ensure that Corporate SocialResponsibility (CSR) and Alternative LivelihoodsProgrammes (ALP) to be submitted under this

article shall be part of the conditions for granting amining right. Such CSR and ALP shall enhancethe livelihoods of the mining communities andshall be drawn up with the active participation andagreement with the local communities.

3. Where the programmes mentioned in sub-clause(2) of this article have not been adhered to by amining right holder, it shall form the basis for therevocation of that such right.

4. A Holder of a mining right shall in all phases of itsoperations give preference in employment tocitizens of Member States especially affectedcommunities to the maximum extent possible andconsistent with safety, efficiency and economy.

5. A Holder of a mining right shall in conduct ofmining operations and in purchase, constructionand installation of facilities have a procurementpolicy which gives preference to:(a) materials and products ofa Member State;(b) service agencies located in a Member State

and owned by a citizen (corporate orotherwise) of such Member State and/orpublic corporation, to the maximum extentpossible and consistent with safety,efficiency and economy.

6. Member States shall take steps to enactappropriate legislation to provide for artisanal andsmall scale mining rights to citizens and ensuresafe, efficient and environmentally sustainableartisanal and small scale mining. Member States

shall take measures to establish adequate legal,economic and technical oversight to improve theworking and living standards as well as the yield ofartisanal mine activities. Furthermore, MemberStates are to ensure peaceful cohabitationbetween large scale and artisanal and small scalemining.

Member States shall adopt appropriate legislationto provide for a decentralized institution of miningactivities and to harmonize mining relatedlegislation on land rights, environment, forestryand water rights.

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CHAPTER V:

ACCESS TO INFORMATION

ARTICLE 12: Duty to maintain records

1. A holder of a mining right shall maintain, at anaddress in the relevant Member State with noticeto the competent authority of that State, thedocuments and records that are prescribed by lawrelating to mining activities.

2. A holder of a mining right shall permit anauthorized officer of the relevant Member State ata reasonable time to inspect the documents andrecords and take copies of them. ' i

3. A holder of a mining right shall furnish theappropriate and competent authorities of aMember State annually with such reports on itsmineral operations or as requested from time totime.

4. Member states shall establish and enforce lawsand regulations that penalize companies thatprovide false, misleading, incomplete, or otherwiseknowingly misrepresentative information to thepublic or government.

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ARTICLE 13: Transparency, Good Governanceand Public access to information

Records, documents and information furnished orattained

1. under article 12 of this Directive which relate to amining right granted should be considered publicand shared with the public.

2. ECOWAS member States that do not have lawson the free flow of information are encouraged todevelop them to promote public and media accessto information regarding mining.

3. Member States will take measures to ensure that

good governance principles as stated in theECOWAS Supplementary Protocol on Democracyand Good Governance are fully implemented andto combat illicit trafficking related to miningresources and activities.

4. The States undertake to promote transparency ofinformation concerning mining revenue especiallyby fostering subscription to the ExtractiveIndustries Transparency Initiative (EITI) and byproviding support to them.

5. Member States are encouraged to pass the• Freedom>of Information Law (where none exist).

6. . Notwithstanding any provision in this article to thecontrary, • records, documents and informationfurnished or obtained in relation to mining activities

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shall be divulged if it is declared by a competentauthority of a Member State in the public interestto do so.

No data shall be considered confidential if itrelates to degradation or claimed degradation ofhuman health, the environment, or worker safety.

ARTICLE 14: Investigations and Auditing

1. Member States shall ensure the proper functioningof mining activities. To that effect, they shall takeall measures that they may deem fit, notably toappoint one or more competent persons toinvestigate, to conduct audit and report on theactivity and or ownership of the mining company.

2. Any person or entity working with or for a companybeing investigated under this article or any suchperson connected with the subject matter of theinvestigation or audit shall cooperate with theinvestigator or auditor.

3. Procedures requested relating to the lifting of theobligation to professional secret will be respected.

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CHAPTER VI:

HUMAN RIGHTS OBLIGATIONS AND MINING

ACTIVITIES

ARTICLE 15: Human Rights Obligations

Member States, Holders of mining rights and othermining related business entities have a primaryobligation to respect and promote recognizedhuman rights including the rights of women,children and workers arising from mining activities.

Member States and Holders of mining rights shallensure that the rights of the local communities arerespected at all times. Where such Human Rightslegislations do not exist, Member States shallenact appropriate legislation to ensure respect forhuman rights.

Member States shall make adequate provision forthe progressive realization of economic, social andcultural rights as they relate to mining activitiesand empowerment of women.

Mining companies shall comply strictly withMember States laws on the prohibition of carryingand use of arms.

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Companies operating in conflict zones shall abideby all major international human rights agreementsand international humanitarian law.

ARTICLE 16: Sustainable Development and LocalCommunity Interests

1. Mining Rights holders in Member States shallconduct their mining activities in a manner thatrespects the right to development in which peoplesare entitled to participate in, contribute to, andenjoy economic, social, cultural, and politicaldevelopment in a sustainable manner.

2. Mining Rights holders in Member States shallrespect the rights of local communities. They shallparticularly respect the rights of local people andsimilar communities to own, occupy, develop,control, protect, and use their lands, other naturalresources, and cultural and intellectual property.

3. Companies shall obtain free, prior, and informedconsent of local communities before explorationbegins and prior to each subsequent phase ofmining and post-mining operations.

4 Companies shall maintain consultations andnegotiations on important decisions affecting localcommunities throughout the mining cycle.

5. Member States, Holders of mining rights, CivilSociety Organisations, other stakeholders andinstitutions experienced in the field of mining

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activity, shall establish participatory frameworkincluding all the actors to ensure fruitfulcollaboration and peaceful cohabitation during andpost- mine operations.

Member States shall ensure the cooperation withother stakeholders while taking decision on miningactivities.

Member States shall set up a Socio-EconomicDevelopment Fund to which mining rights holdersand other stakeholders shall contribute to, by law,for the development of post mine conversionactivities in the affected local communities.

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CHAPTER VII:

DISPUTE RESOLUTION

ARTICLE 17: Complaints Procedure

1. All concerns relating to the violation of thisDirective shall be brought to the attention of theMember State for resolution. In the event of non-

resolution of the conflict or violation, the mattershall be brought to the attention of President of theECOWAS Commission who shall submit suchcomplaint to the ECOWAS Court of Justice inaccordance with its Protocols.

2. The review procedure of complaints under thisarticle does not preclude a State, an individual, orany stakeholder from taking the case before theECOWAS Court of Justice or invoking arbitrationprocedure or the jurisdiction of any otherinternational justice system, such as the AfricanCourt of Justice or the African Human RightsCourt of Justice.

ARTICLE 18: Settlement Procedures

1. Memoer States shaii provide the necessarycapacity to local communities in meir engagementwith mining rights holders in negotiations and In.settling mining disputes.

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2. Any dispute arising out of the interpretation and/orthe implementation of the Directive shall be settledhaving recourse to negotiation, arbitration or otherAlternative Dispute Resolution Mechanisms,notwithstanding the provisions of article 17 statedabove.

3. Where the parties to a dispute fail to reach asettlement as provided under clause (2) of thisarticle recourse has to be made to the ECOWASCourt of Justice.

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CHAPTER VIII:

INSTITUTIONAL AND IMPLEMENTATION

ARRANGEMENTS

ARTICLE 19: Member States

1. Within the framework of the implementation of thisDirective, the States Parties which have not doneso shall establish by legislation and regulations acompetent Authority to regulate mining activities.

2. Member States shall provide annual budget linesof expenditure for the implementation of thisDirective.

3. Member States shall develop National ActionPlans for the implementation of the obligationsunder this Directive and to establish an annualreport to the President of the ECOWASCommission on the implementation of thisDirective and of the mining sector successes andfailures. This report should be released to thepublic by the President as soon as it is received.

4. Member States shall make available to thePresident of the ECOWAS Commission theirexperience of appropriate best practices in miningregulation to assist in the discharge of theresponsibilities contained in this Directive

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Article 20: The President of ECOWAS

COMMISSION

1. ECOWAS shall harmonize guidelines and miningmanuals to guide the operations of national miningor minerals commissions of States Parties.

2 The President of the ECOWAS Commission is

responsible for supporting and supervising theapplication of the provisions of this Directive. Tothis end, the President of the ECOWASCommission shall:

a) Take all necessary measures to mobilizethe resources for the monitoring andimplementation of this Directive.

b) provide Member States with the necessaryfinancial and technical support for therealization of their activities.

c) present an annual Report to the Council ofMinisters on the status of theimplementation of this Directive.

ARTICLE 21: Cooperation Within and AmongMember States

1. Member States undertake to promote intra andinter-State cooperation in the implementation ofthis Directive. To this effect:

a) The President of the ECOWASCommission shall prepare procedures forinter-State cooperation between nationalmining commissions and other stakeholdersin the mining industry.

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b) The President of the ECOWASCommission shall facilitate and seekassistance for the training of officials ofnational mining commissions and miningrelated agencies to further inter-Statecooperation.

c) The President of the ECOWASCommission shall facilitate and seek

assistance for training of and otherwisesecuring technical expertise within,between, or for each Member States.

ARTICLE 22: Implementation

1. The Member States and the ECOWASCommission shall adopt all the necessarymeasures in order to comply with this Directive by1st July 2014.

2. Where the Member States adopt this Directive, thetexts shall contain a reference to this Directive, orshall have such a reference attached to themwhen they are officially published.

3. The Member States shall notify ECOWASCommission on the measures or arrangementsthey adopt in order to comply with the provisionsof this Directive.

4. The President of ECOWAS Commission shallappoint an ad-hoc committee to monitor theimplementation of this Directive by MemberStates.

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ARTICLE 23: Difficulties of Implementation

1. The Member States shall notify the President ofthe ECOWAS Commission on the difficultiesencountered in the process of implementing thisDirective.

2. The President of the ECOWAS Commission shall

then report to the next session of the Council ofMinisters

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CHAPTER IX:

GENERAL AND FINAL PROVISIONS

ARTICLE 24: General provisions

1. The undertakings ensuing from the provisions ofthis Directive shall not be interpreted as being acontradiction to the spirit and the letter of theConventions or Accords linking a Member Statewith a Third State as long as these Conventionsand Accords are not in contradiction with the spiritand the letter of this Directive.

2. In interpreting or implementing thi£ Directive,recourse may be made to the .variousInternational, Guidelines* Principles andConventions for regulating Business Enterprises.

ARTICLE 25: Publication

1. This Directive shall be published by the ECOWASCommission in the Official Journal of theEconomic Community of West African Stateswithin thirty (30) days of its signature by theChairman of the Council of Ministers.

2. It shall also be published by each MemberState inits National Gazette within thirty (30) days afternotification by the Commission.

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ARTICLE 26: Entry Into Force

1. This Directive shall enter into force upon itspublication in the Official Journal of theCommunity.

DONE AT ABUJA, THIS 27TH DAY OF MAY 2009

E. Chief Ojo MADUEKWE (CFR)

The Chairman

For Council

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ECOWAS CommissionIndustry & Mines Directorate

101 Yakubu Gowon Crescent, Asokoro District, P. M. B. 401,Abuja, Federal Republic of Nigeria

Cell: +234703409 7046&+2348063159712Tel: (+234 9) 31476 47-9 &(+234 9) 314 74 27-9Fax: (+234 9) 314 3005

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