STATUS REPORT ON AGREEMENTS/MOUS SIGNED BY THE ECO MEMBER STATES
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As of 11th February, 2009 Legal Adviser’s Office
1) Treaty of Izmir:
Signed: Izmir, 14th September 1996
Signatories: All member states
Parties: 8 (all Signatories except Afghanistan and Uzbekistan).
Entry into force: September 24, 2002*
Depository: The Government of the I. R. of Iran
* The date when the seventh instrument of ratification was deposited as per Art.16 (2) of the Treaty.
The Treaty of Izmir is the founding document and principal agreement of the Economic Cooperation Organization.
2) Agreement on Legal Status of the ECO National Representatives and International Staff
Signed: Izmir, 14th September 1996
Signatories: all ECO member states
Parties: 4 ECO member states (Turkey, Tajikistan,
Kazakhstan and Iran).
Entry into force: not yet
Depository: The Government of the I. R. of IRAN
Note: This document shall enter into force after two-third of the member states deposit their instrument of ratification with the depository.
3) Transit Trade Agreement (TTA):
Signed: Islamabad, 15 March 1995
Signatories: 8( All member states except Afghanistan and Uzbekistan)
Parties: 8 (all Signatories)
Entry into force: TTA is no longer applicable.
Depository: The ECO Secretariat
Note: The Agreement entered into force, as per Art. XIV (b), on the sixtieth day after the date of deposit of Instrument of Ratification of three states with the ECO Secretariat. But the High Level Experts Group Meeting (Istanbul, September 2003), decided that given the inconsistency between TTA and TTFA, the latter should be treated as the primary ECO Transit Trade document. TTFA entered into force on 19th May 2006.
4) Agreement on Simplification of Visa Procedures for Businessmen of ECO Member States:
Signed: Islamabad, 15 March 1995
Signatories: 7 member states (all ECO member states except Kyrgyzstan, Tajikistan and Uzbekistan)
Parties: 5 states (Afghanistan, Iran, Kazakhstan, Pakistan and Turkey)
Entry into force: year 2002
Depository: The ECO Secretariat
Note:
The document came into force in 2002, as per Article 8 of the Agreement, on the sixtieth day of the date of depositing the Instrument of Ratification by three States. However, problems such as lack of visa policies in some member states have impeded effective measures for implementation.
Subsequently, the Draft of "Additional Protocol on Simplification of Visa Procedures for Businessmen and Transit Drivers of the ECO Member States" and the Plan of Action were drawn up by the Working Group Meeting held in the ECO Secretariat on August 18-19, 2008. The draft in line with the decision of 141st CPR will be submitted to the 18th COM for final approval.
5) Articles of Agreement of the Trade and Development Bank (TDB)
Signed: Islamabad, 15 March 1995
Signatories: Iran, Pakistan and Turkey
Parties: Three signatory states
Entry into force: August 3, 2005
Depository: Principal Office of the Bank
Note: This document was signed by the three shareholders, and after their ratification, came into force in accordance with Article 44. The Bank became fully operational in year 2008.
6) The Charter of ECO Cultural Institute
Signed: Islamabad, 15 March 1995
Signatories: 8 Member States except Kyrgyzstan and
Uzbekistan
Parties: 4 states (Afghanistan, Iran, Pakistan and Tajikistan)
Entry into force: The document entered into force immediately after signing.
Depository: The Government of the I. R. of IRAN
Note: The Institute became functional as per Article VIII of the Charter which says: “Following its approval by the ECO Council of Ministers, the Charter of the Institute will come into force for each country according to its ratification of approval procedure based on its national regulation.” Amendments were approved at the 10th meeting of the COM on 8th June 2000 in Tehran.
7) The Charter of ECO Science Foundation
Signed: Islamabad, 15 March 1995
Signatories: All ECO member states
Parties: 5 (Azerbaijan, Iran, Pakistan, Tajikistan and Turkmenistan).
Entry into force: Legally has entered into force
Depository: the Government of the I. R. of Pakistan
Note: The Charter stands ratified by sufficient number of signatory States. However, some amendments were proposed by Azerbaijan, Iran, Tajikistan and Turkey. The amended version was circulated to Member States for comments (July 2004). The documents were approved by EGM in Islamabad on 3-4 September, 2007.
8) Agreement Between I.R. of Iran and ECO Relating the Rights, Privileges and Immunities of the ECO Secretariat
Signed: Ashgabat, 14th May 1996
Signatories: Iran and ECO
Entry into force: 1997
Depository: The Government of the I. R. of IRAN
Note. This Agreement was signed by Dr. Velayati, then Iranian Foreign Minister and Mr. Shamshad Ahmad, then ECO Secretary General.
9) The Charter of ECO Educational Institute
Signed: Almaty, 9th May 1998
Signatories: All ECO Member States except Turkmenistan & Uzbekistan
Parties: 5 states (Iran, Kazakhstan, Kyrgyz, Tajikistan and Turkey)
Entry into force: not yet
Depository: The Government of the R. of Turkey
Note: From the legal point of view and given Article VIII’s provision that the Charter shall come into force after instruments of ratification have been deposited by three member states, the Charter may be deemed to have come into force. The headquarters of the Institute will be in Ankara. The Institute is expected to become operational shortly.
10) Transit Transport Framework Agreement (TTFA):
Signed: Almaty, 9th May 1998
Signatories: 9 (All member states except Uzbekistan)
Parties: 8 states (all ECO member states except Turkmenistan and Uzbekistan)
Entry into force: 19th May 2006
Depository: ECO Secretariat
Note: After entering into force of the TTFA, the First Meeting of the Transit Transport Coordination Council (TTCC) which is responsible for its implementation and coordination of all matters relating to transit transport was held in Baku, September, 2006. The Second Meeting of the TTCC was held again in Baku in September, 2007. The third Meeting of it held in Tehran in December, 2009.
11) Framework Agreement on ECO Trade Cooperation
Signed: Tehran, 6th March 2000
Signatories: 8 states (all ECO member states except
Turkmenistan and Uzbekistan)
Parties(Ratified): 6 states (Azerbaijan, Iran, Kazakhstan, Kyrgyz, Pakistan and Turkey).
Entry into force: The document entered into force
as per Article 14 after ratification by five member states
Depository: ECO Secretariat
This is an umbrella instrument which defines broad areas of trade cooperation among member states. Various measures mentioned in the Agreement have already been taken. This includes ECOTA, ECO-TDB, ECO Reinsurance Company, ECO-CCI and the setting up Trade Network and holding Trade Fairs, workshops and seminars.
12) ECO Trade Agreement (ECOTA):
Signed: Islamabad, 17th July 2003
Signatories: 5 Member States namely Afghanistan, Iran, Pakistan, Tajikistan of Turkey
Parties (Ratified): 5 states (All signatory States)
Entry into force: 24th April, 2008
Depository: Secretary General ECO
A PROTOCOL regarding ANNEXES TO THE ECOTA was signed in Istanbul on July 7, 2005.
Para I of Article 39 of the Agreement requires that it shall enter into force on the 30th day of the receipt of the fifth instrument of ratification. With Iran as the fifth member state, to deposit its Instrument of Ratification with the Secretariat (on 24th March, 2008), therefore ECOTA came into force on 24th April, 2008.
The first meeting of ECOTA Cooperation Council was held on 21-22 May 2008 in Mersin, Turkey. The Contracting Parties made firm commitments during this meeting to provide their final lists by October 31, 2008. . Since only two of the Contracting Parties had provided their lists, tariff concessions on the Positive Lists, as decided by the Cooperation Council, could not be implemented from 1st January, 2009
13) Agreement on Promotion and Protection of Investment (APPI)
Signed: Istanbul, 7 July 2005
Signatories: Afghanistan, Azerbaijan, Iran and Turkey
Parties: None
Entry into force: Not yet
Depository: ECO Secretary General
This Agreement shall come into force after two months of depositing the fourth Instrument of Ratification (Article 12).
Note: Paragraph 7 of Article 9 of the APPI was amended in the second Ministerial Meeting, 5-7 April 2007 in Antaliya. It was forwarded to the three signatory states vide Secretariat’s Note Verbale No. LA/APPI-DEP/2007/785 dated 27 May, 2007, for confirmation.
14) Agreement on the Establishment and Operation of ECO Smuggling and Customs Offences Data Bank:
Signed: Istanbul, 7 July 2005
Signatories: 6 member states (Afghanistan, Azerbaijan,
Iran, Pakistan, Tajikistan and Turkey)
Parties: None
Entry into force: Not yet
Depository: ECO Secretariat
This Agreement shall come into force on the 30th day of the receipt of the fourth instrument of ratification (Article IX- 2).
15) MoU on ECO Reinsurance Company
Signed: Islamabad, 15th March 1995
Signatories and Parties: 3 states Iran, Pakistan and Turkey
Entry into force: Immediately after signing the MoU
Note:
The MoU was attached to a constitution for establishing the ECO Reinsurance Company. In compliance with Para 1 of the MoU, the Headquarters of the ECO Reinsurance Pool (established under Art. IV of the Treaty Izmir of 12th March 1977) were transferred from Ankara to Karachi on 1st January, 1996. Pakistan Reinsurance Company has since been acting as Manager of the Pool. As per Article 2 of the MOU, the Pool will be converted to ECO Reinsurance Company after its establishment.
The HLEG/Trilateral Interim Committee meeting, held in Islamabad, on May 14-15, 2007, finalized the Articles of Agreement for the Establishment of the ECO Reinsurance Company. Iran and Turkey have expressed their readiness for signing the document. Pakistan was requested by the 19th RPC meeting for early hosting of the meeting of the Heads of Insurance Companies of the Member States to sign this Agreement.
16) MoU on Cooperation Against Smuggling and Customs Frauds
Signed: Almaty, 9th May 1998
Signatories and Parties: All 10 ECO member states
Entry into force: Immediately after signing the MoU
Note: The MoU was initially valid till 8th May 2008 as per Article 15. Under that Article, if no written notice was received before the expiry of that date, it extended automatically for another five years period. It extends extended upto May, 2013.
17) MoU on the establishment of Regional Center for Risk Management
of Natural Disasters (ECO-RCRM)
Signed: Mashhad- Iran, 4th September, 2007
Signatories and Parties: All 10 ECO member states except
Turkey and Uzbekistan
Entry into force: Immediately after signing the MoU
Note:
The MoU is valid for a period of three years with possibility of extending, until the time of entry into force of the Statute of the Center.
In accordance with Article VI of the MoU, draft Statute of the centre, as an ECO Specialized Agency, has been prepared by the working group and circulated among member states for their views/ comments. It will be submitted to COM for approval and signing/ratification of the member states after its finalization by the 2nd ECO Head of Meteorological Organizations Meeting to be held in 2009.