11
2.
A request for a waiver from a State Party concerning this Agreement
shall be submitted to the Council of Ministers for consideration pursuant
to the practice of decision-making by consensus. The Council of
Ministers shall establish a time period, which shall not exceed ninety
(90) days, to consider the request. If consensus is not reached during
the time period, any decision to grant a waiver shall be taken by three
fourths of the State Parties.
3.
A decision by the Council of Ministers granting a waiver shall state the
exceptional circumstances justifying the decision, the terms and
conditions governing the application of the waiver, and the date on
which the waiver shall terminate. Any waiver granted for a period of
more than one (1) year shall be reviewed by the Council of Ministers
not later than one (1) year after it is granted, and thereafter annually
until the waiver terminates. In each review, the Council of Ministers
shall examine whether the exceptional circumstances justifying the
waiver still exist and whether the terms and conditions attached to the
waiver have been met. The Council of Ministers, on the basis of the
annual review, may extend, modify or terminate the waiver.
PART IV
TRANSPARENCY
Article 16
Publication
1.
Each State Party shall promptly publish or make publicly available
through accessible mediums 3 its laws, regulations, procedures and
administrative rulings of general application as well as any other
commitments under an international agreement relating to any trade
matter covered by this Agreement.
2.
The provisions of this Agreement shall not require any State Party to
disclose confidential information which would impede law enforcement
or otherwise be contrary to public interest or will prejudice the legitimate
commercial interest of particular enterprises, public or private.
3
“For example through Gazette, newsletter, Hansard, or websites in one of the
African Union languages.”