The Government of the Kingdom of Thailand (hereinafter referred to as "Thailand"), and the Government of the Republic of South Africa (hereinafter referred to as "South Africa"), (hereinafter jointly referred to as the "Parties" and in the singular as a "Party");

HAVING regard to the new bonds of friendship between their countries;

RECOGNISING their mutual desire to strengthen relations with each other which will support, complement and extend co-operation between them;

HAVING to consolidate, strengthen and diversify the trade relations between their countries to the full extent of their growing capacity to meet each other's requirements on the basis of mutual benefit founded on most-favoured-nation treatment in accordance with the principles as enshrined in the World Trade Organisation ("WTO") Agreement;

CONSCIOUS of the flow of trade between their countries;

MINDFUL that the more dynamic trade relationship desired by the Parties calls for close co-operation across the whole range of trade activities;

CONVINCED that such co-operation should be realised in evolutionary pragmatic fashion, as their policies develop;

DESIRING to strengthen their relations and to contribute jointly to international trade co-operation;

Hereby agree as follows:

The Parties shall take all necessary measures to facilitate and promote trade and economic relations between their countries in accordance with the domestic law in force in their respective countries and subject to obligations under international treaties, conventions and agreements to which they are party.

1. Subject to Article 4, each Party shall grant to the country of the other Party most-

favoured-nation treatment in accordance with the principles enshrined in the WTO

Agreement in all matters relating to -

1. customs duties and all other charges and taxes applicable to importation or exportation of goods as well as methods of levying such duties, charges and taxes;

 

2. legal provisions pertaining to customs clearance, transit, storage and reloading;

 

3. internal taxes and other levies of any kind applicable directly or indirectly to imported goods;

 

4. methods effecting payments arising from the implementation of this Agreement and transfer of such payments;

 

5. quantitative limitations on imports and exports; and

 

6. legal provisions pertaining to selling, purchasing, transportation, distribution and use of goods in the domestic market.

1. Subject to Article 4, with regard to all matters relating to import and export licences or permission where such licenses or permissions are prescribed under its domestic law, each Party shall grant to the country of the other Party treatment not less favourable than the most favourable treatment granted to any third country.

Subject to Article 4, any advantages, favours or privileges which a Party has granted or may grant to a third country in respect of any product originating in the territory of that third country or destined for its territory, shall be granted immediately and unconditionally by such Party in respect of like products originating in the territory of the other Party or destined to be imported into its territory.

Exemptions from Most-Favoured-Nation

The provisions of Articles 2 and 3 shall not be construed so as to provide for the granting or continuation of -

1. advantages which either of the Parties has granted or may grant to

contiguous countries to facilitate frontier traffic;

(b) advantages or preferences granted by either Party to any third country or countries in accordance with a preferential trade agreement;

 

(c) advantages or preferences which either Party has granted or may grant under any scheme for the expansion of trade and economic co-operation among developing countries which scheme is open for participation by developing countries and to which either Party is or may become a party; or

 

(d) advantages or preferences which result from the operation of a Customs Union or Free Trade Area or both, in which either Party is participating or may participate.

 

 

Each Party shall, for the purpose of this Agreement and subject to the relevant domestic law of its country, encourage enterprises and firms of the country of the other Party to organise trade fairs and exhibitions in the first mentioned country and shall actively facilitate the staging of such fairs and exhibitions.

Each Party shall endeavour to promote the conduct of trade and economic activities within its territory in accordance with generally accepted international trade practices.

Subject to its domestic law, a Party shall grant freedom of transit of goods of the country of the other Party through its territory.

1. Subject to its domestic law, a Party shall allow the importation from the country of

the other Party, free from customs duties and other charges, of -

1. the following goods destined for any fair, exhibition, demonstration, seminar,

congress or conference in the country of the other Party and not intended for

sale, namely -

 

(i) goods to be displayed, exhibited or demonstrated at such a fair, exhibition or demonstration;

 

1. goods necessary for the purpose of demonstrating foreign machines or apparatus to be displayed or exhibited;

 

2. advertising, demonstration and publicity materials (including

posters, books, pamphlets, sound recordings, films and lantern slides)

and apparatus for the use of such materials;

 

3. equipment including interpretation and sound recording apparatus; and

 

4. construction and decorating materials and electrical fittings for

the temporary stands or for the display or exhibition of the goods

contemplated in subparagraph (i);

(b) goods and instruments brought in by technicians or experts and destined to be used by them in the course of duties to be performed by them in relation to such fair, exhibition, demonstration, seminar, congress or conference by virtue of their assignment thereto;

 

(c) goods imported into either country, upon which duties have been paid and subsequently sent out of that country for repair and re-imported within the determined period of time; and

 

(d) containers of a durable nature to be used in any trade fair.

 

(2) The goods, instruments and containers referred to in paragraphs (1)(a)(b)(c) and (d) shall not be disposed of in the country into which they are imported and shall be re-exported from that country unless prior permission of the competent authorities of that country has been received and payment of appropriate customs duties and taxes, if any, has been made in accordance with the domestic law in force in the respective countries.

 

 

(1) All payments for goods and services arising from the implementation of this Agreement shall be effected in freely usable currencies in accordance with the domestic laws in force in the country of a Party.

 

1. For the purposes of this Article the term “freely usable currencies” means currencies that the International Monetary Fund determines, from time to time, as freely usable currencies in accordance with the Articles of Agreement of the International Monetary Fund as amended.

Subject to the requirement that such measures are not applied in an arbitrary or discriminatory manner, the provisions of this Agreement shall not limit the rights of either Party to adopt or execute measures –

1. (a) for reasons of public health, morals, order or security;

 

(b) for the protection of plants and animals against diseases and pests;

 

(c) to safeguard its external financial position and balance of payments; or

 

2. (d) to protect national treasures of artistic, historical or archaeological value.

Competent authorities responsible for the implementation and application of this Agreement and other matters relating thereto shall be -

1. in the case of South Africa be its Ministry of Trade and Industry; and

(b) in the case of Thailand be its Ministry of Commerce.

1. In order to facilitate the effective implementation of this Agreement, to further extend the trade and economic relations between their countries and to review the working of this Agreement, the Parties shall establish a joint intergovernmental committee, hereinafter referred to as the Joint Trade Committee.

 

2. The Joint Trade Committee shall consist of representatives designated by each party.

 

3. The Joint Trade Committee shall formally adopt its own rules of procedure.

 

4. Both Parties shall jointly preside over the Joint Trade Committee, in accordance with the arrangements to be laid down in its rules of procedure.

 

5. The Joint Trade Committee shall act by agreement.

 

6. The Joint Trade Committee shall meet as required and as agreed by the Parties, and at such venues alternately designated by the Parties.

 

7. Where appropriate, the Parties shall encourage the participation of the private sector in achieving the objectives of this Agreement in the Joint Trade Committee.

For the purpose of the proper implementation of this Agreement, the Parties shall, on a regular basis, exchange information which could contribute to the expansion of trade and commercial activities between their countries.

1. Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled amicably through consultation or negotiation within the Joint Trade Committee.

 

2. Either Party may refer a matter to the Joint Trade Committee if it considers such a matter to be incompatible with the proper implementation of this Agreement.

 

3. The Parties shall supply the Joint Trade Committee with all relevant information required for a thorough examination of any dispute with a view to seeking a solution acceptable to the Parties.

The termination of this Agreement shall not affect the validity of any contracts or arrangements made under this Agreement until the completion of such contracts or arrangements.

1. This Agreement may be amended at any time by mutual consent of the Parties through an exchange of notes between the Parties through the diplomatic channel.

 

2. The amendment or the termination of this Agreement shall not adversely affect or in any way prejudice any rights or obligations accrued to or incurred by virtue of the application of this Agreement prior to the effective date of such amendment or termination.

1. This Agreement shall enter into force upon signature.

 

2. This Agreement shall remain in force for a period of five (5) years and shall thereafter automatically be extended for the same period unless, within a period of three months prior to the expiration of the current period of its validity, either Party submits to the other a written notice in advance through the diplomatic channel of its intention to terminate this Agreement.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed and sealed this Agreement in duplicate in the English language both texts being equally authentic.