18 DE ABRIL DE 1996

636-(19)

Article 41 Accession

This Treaty shall be open for accession, from the date on which the Treaty is closed for signature, by states and regional economic integration organizations which have signed the Charter, on terms to be approved by the Charter Conference. The instruments of accession shall be deposited with the depositary.

Article 42 Amendments

1) Any Contracting Party may propose amendments to this Treaty.

2) The text of any proposed amendment to this Treaty shall be communicated to the Contracting Parties by the Secretariat at least three months before the date on which it is proposed fo adoption by the Charter Conference.

3) Amendments to this Treaty, texts of which have been adopted by the Charter Conference, shall be communicated by the Secretariat to the depositary which shall submit them to all Contracting Parties for ratification, acceptance or approval.

4) Instruments of ratification, acceptance or approval of amendments to this Treaty shall be deposited with the depositary. Amendments shall enter into force between Contracting Parties having ratified, accepted or approved them on the ninetieth day after deposit with the depositary of instruments of ratification, acceptance or approval by at least three-fourths of the Contracting Parties. Thereafter the amendments shall enter into force for any other Contracting Party on the ninetieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendments.

1 Article 43

Association agreements

1) The Charter Conference may authorise the negotiation of association agreements with states or regional economic integration organizations, or with international organizations, in order to pursue the objectives and principles of the Charter and the provisions of this Treaty or one or more protocols.

2) The relationship established with arid the rights enjoyed and obligations incurred by an associating state, regional economic integration organization, or international organization shall be appropriate to the particular circumstances of the association, and in each case shall be set out in the association agreement.

Article 44 Entry into force

1) This Treaty shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance or approval thereof, or of accession thereto, by a state or regional economic integration

organization which is a signatory to the Charter as of 16 June 1995.

2) For each state or regional economic integration organization which ratifies, accepts or approves this,Treaty or

accedes thereto after the deposit of the thirtieth instrument of ratification, acceptance or approval, it shall enter into force on the ninetieth day after the date of deposit by such state or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.

3) For the purposes of paragraph 1), any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member states of such organization.

Article 45 Provisional application

1) Each signatory agrees to apply this Treaty provisionally pending its entry into force for such signatory in accordance with article 44, to the extent that such provisional application is not inconsistent with its constitution, laws or regulations.

2):

a) Notwithstanding paragraph 1) any signatory may, when signing, deliver to the depositary a declaration that it is not able to accept provisional application. The obligation contained in paragraph 1) shall not apply to a signatory making such a declaration. Any such signatory may at any time withdraw that declaration by written notification to the depositary;

b) Neither a signatory which makes a declaration in . accordance with subparagraph a) nor investors of that signatory may claim the benefits of provisional application under paragraph 1);

c) Notwithstanding subparagraph a), any signatory making a declaration referred to in subparagraph a) shall apply part vu provisionally pending the entry into force of the Treaty for such signatory . in accordance with article 44, to the extent that

such provisional application is not inconsistent with its laws or regulations.

3):

a) Any signatory may terminate its provisional application of this Treaty by written notification to the depositary of its intention not to become a Contracting Party to the Treaty. Termination of ' provisional application for any signatory shall take effect upon the expiration of 60 days from the date on which such signatory's written notification is received by the depositary;

b) In the event that a signatory terminates provisional application under subparagraph a), the obligation of the signatory under paragraph 1) to apply parts m and v with respect to any investments made in its area during such provisional application by investors of other signatories shall nevertheless remain in effect with respect to those investments for twenty years following the effective date of termination, except as otherwise provided in subparagraph c);

c) Subparagraph b) shall not apply to any signatory listed in annex PA. A signatory shall be removed from the list in annex PA effective upon delivery to the depositary of its request therefor.

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