Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698083793418.pdf (Sierra Leone)
t. 9 t t , o :) { tTu%.inistryof f oreignAffairsan[IntemationafCooperatian QgPufifrc of Siera Leonc oA'U arfu e,'lwer Tfitr, lFreetown Ref: 3079/155 12 October 2018 From: The Director-General and Ambassador-at-Large Ministry of Foreign Affairs and Intemarional Cooperation Tow'er HiIl Freetorvn To: The Clerk of Parliament Parliament Building Torver Hill Freetown Dear Sir R en he Govemm toftheR ubli on Visa and the Government of the I I e' on tual I am directed to refer to the above subject-matter and to submit the abovementioned Agreement and respectfi.rlly request dates for the Honourable Minister of Foreign Affairs and Intemational Cooperation to lat' the said -\greement before this Honourable House for ratification.
Please accept the assurance ol my highest deration as I arvait to hear from you.
FOR: DIRECTOR-GENE & AMBASSADOR-AT-I.ARGE Patrick orlai Koroma CC: The Honoutable Minister of For ffairs and International Cooperation EXPI-ANATORY MEMORANDUM to the A-sreemenl befiveen the Govemment of the Republc of Sierra Leone and the Govemment of the People's Republic of China on Mutual Visa ExemPtion for holders of Diplomatic and Service Passpons This Agreement was signed during former President Emst Bai Koroma's State Visit to China in December 2016. k supports and strengthens friendship t-ies bers'een Sierra Leone and China.
This -\greement r'"ill add China among the countries Sierra Leone has r-isa-free uar-el faciliq'.

With this Agreement, citizens of our two countries holding diplomacic or sen'ice passports are to be exempted from risa requirements for entry into, exit from or transit through the territory o[each our countries for a period of no more than thirn' (30) davs.

There are or-er 30.\irican countries that alreadv havc mutual r-isa lrce agrcements with China.
Sierta Leone is thc first.\frican countrv to establish bilateral diplomatic relauons rvith China in 1971.

China is one of Sierra l,eone's strategic der.elopment panners sith Chinese support in the forms of loans and grants towards training and educarion, health, agriculture, ior-estrnent, trade, infrastrucrure, humanitarian assistance, erc.
An immediate benefit follot'ing thc ratification o[ this .\grecment is that manr' govemment officials sill notice a telief from the requirement of har-ing to appli tor, anend inten ierv and rvaiting to be issued a visa to travel to China.

This rvill be a tremendous time saring facilitl' for our govemment oFficials.
In the event of a late cirange o[ officcrs to trar-el to China then this risa exemption facilin rvill enable the replacement officer to travcl to China rvithout har-ing to s'orn about timc to applv ior r risa.

This siruation arose during the reccnt -\ugust 2018 Statc \-isit and I'orum on China--\frica Cooperation (IiO(--\C) to China.

Shortlv before the trip, thc Statc (lhief of Protocol s,as bereaved and could not travel u.ith His Excellenq' the Presidcnr.

So, the Depuq.'
So, the Depuq.'

State Chief of Protocol stepped in but not unril after hurried effons to obtain a risa for him.

With the ratification of this Agreemeng such rushed steps rvould not be necessarl'as the officer will travel without the need for a risa.
The focal person lor this -\greement, on behalf of thc Director-Gencral and Ambassador-at-Large, to liaise with Parliament is: Patrick Hassan Morhi Komma Dinctor, Hrmar Ngbts and Conpliatce l-.egal Afairc ard Intematiorul Cowentiou Diyision E n a i I : p ko n n @Jo n ign afa i rs.go a i Telephone: 076335579 Done: Ministry of Foreign Affairs and Intemarional Cooperation Dated: 12 October 2018 AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON MUTUALVISA EXEMPTION FOR HOLDERS OF DIPLOMATIC AND SERVICE PASSPORTS The Govemment of the Republic of Sierra Leone and the Govemment of the People's Republic of China (Hereinafter referred to as "Contracting Parties"), Willing to support and strengthen their friendship ties, IIAVE agreed as follows: Article I I Citizens of the Republic of Sierra Leone holding valid diplomatic or service passports of the Republic of Sierra Leone, and the citizens of the People's Republic of China holding valid diplomatic or service passports (including passports for public affairs) of the People's Republic of Chin4 shall be exempted from visa requirements for entry into, exit from or transit through the territory of the other Contracting Party.
Article 2 l.Citizens of either Contracting Party referred to in Article I of this Agreement who intend to enter into, exit from, transit through and stay in the territory of the other Contracting Party, shall be exempted from visa requirement for a period of no more than thirty (30) days from the date of entry.
2.Citizens of either Contracting Party referred to in Article t of this Agreement, who intend to stay longer than thirty (30) days in the territory of the other Contracting Party, shall go through necessary registration procedures in accordance with the relevant regulations of the competent authorities of the other Contracting Party.

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t I i Article 3 Members of diplomatic mission, consular post or intemational organizations holding the passports referred to in Article I of this Agreement, as well as their family members holding diplomatic or service passports (including passports for public affairs), shall be exempted from visa requirements for entry into, exit from, transit through or stay in the territory of the other Contracting Pa(y for the duration of their accreditation,.
provided they have complied with the accreditation requirements of the other Contracting Party within thirty (30) days after their arrival.

Article 4 Citizens of either Contracting Party referred to in Article I of this Agreement shall enter into, exit from or transit through the territory of the other Contracting Party through ports open to foreigners.
Article 5 Officials at or above vice ministerial level of the central governrnent and officers ofor above the rank ofmajor general ofthe armed forces of either Contracting Party shall obtain the prior consent from the other Contracting Party or inform the competent authorities of the other Contacting Party through diplomatic channels prior to their travel to the other Contracting Party's territory for official purposes.
Article 6 This Agreement does not restrict th" right of either Contracting Party to prohibit citizens of the other Contracting Party from entering its territory or terminate their stay in its territory without citing reasons therefore.
Article 7 Citizens of either Contracting Party refened to in Article I of this Agreement shall abide by the laws and regulations in force of the other Contracting Party when entering into, exiting from, transiting through and staying in the territory of the other Contracting Party.

Article 8 t I Either Contracting Party may temporarily suspend this Agreement partially or wholly on grounds of national security, public order, public health and etc.
However, it shall notifu the other Contracting Party, in writing in advance, of is intention to suspend the Agreement and subsequently to cancel the suspension through diplomatic channels.

Article 9 l. For the purpose of implementation of this Agreement, the competent authorities ofboth Contracting Parties shall exchange, through diplomatic channels, specimens of their passports referred to in Article 1, within thirty (30) days from the date of signing of this Agreement.
Contracting Party wishes to terminate this Agreement it shall notifr the other Contracting Party in writing through diplomatic channels, and this Agreement shall cease to be effective thirty (30) days after the date on which the notification was received.

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Hereby confirm that the Agreement is to be signed by the representatives designated by both Governments.

Done in duplicate in on 2016, each in the English and Chinese languages, both texs being equally authentic.
For the Government of the For the Government of the Republic of Sierra Leone People's Republic of China !

I SECRET THIS DOCUMENT IS THE PRO ERTY OF THE SIERRA LEONE GOVERNMENT COPYNO.

CABINET PROPOSAL FOR RATIFICATION OF AGREEMENT ONMUTUALVISA RH OF DIPLOMATIC AN CE RTS ell BETWEEN THE GOVERNT{ENT OF THE REPUBLIC OF SIERRA LEONE AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA I\4emorandum by the Minister of Foleisn Atlair:s and International Cooperation 1.
Recommendations: Cabinet is invited to: I. II.

approve retrospectivell' the Agreement between the Government of the Republic of Sielra Leone and the Government of the People's Republic of China on lVlutual \risa Exemption for holdels of Diplomatic and Service Passports signed b1, the l\{inistel of Foreign Affairs and International Cooperation for Sierra Leone and the lr{inistry of Foreign Affairs for China.
author-ize the I\{iuister of Foreign Affairs and International Cooperation to rvork in concert rvith the Attorney General and l\{inister ofJustice and the Ittlinister of Internal Affairs to lay the Agleement before Parliament for' ratifrcationi III.

authorize the Attorne]- General and \{inister of Justice to cause the domestication of the Agreement and s'here possible, cause the necessa4' anrendment to oul Dational la$'s to accommodate the provisions of the Agreernent referted to hereini and IV.
designate the l\{inister of Internal Affairs as the Minister primalily respousible for the implementation of the provisions of the Agleement.

2.

Purpose and brief description: Sierra Leone continues to enjo}' excellent and deep bilateral relations with the People's Republic of China since 1971.

China has provided substantial support and assistance in several sectors, rvhich include: iuflastructure developmenti capacity buildingi defencei health; agriculture and youth development programmes.
In a bid to further strengthen the diplomatic and friendship ties between the two countries, during the visit of the erstwhile President Ernest Bai Koroma to China in December 2016, both Governments signed an agreement on mutual visa exemption for holders of Diplomatic and Service Passports.

SECRET This Ministry learned from communications with the Embassy of China in Freetown in August 2018 that the Chinese side has already completed the legal steps necessary to bring this agreement into force in China.
Administrative delays in obtaining concurrences and the 2018 election processes delayed the preparation of this Agreement for Cabinet consideration.

The main features of the Agreement include: I r1.

lt1 1V.

v1 Exempt citizens ofSierra l,eone and China from visa requirements for entry into, exit from or transit through the territories of both countries.
The exemption shall be for a maximum period of thirty days, after which, citizens shall be subjected to the necessary registration procedures in force in the host country; Reinforce the provisions of the Vienna Convention on Diplomatic Relations 1961, by continuing the practice of exempting members of Diplomatic Missions, Consular Posts or International Organisations, including their family members holding passports referred to in the Agreement from visa requirement for the duration of their accreditation; Visiting offrcials from both countries, who are above the rank of Deputy I\ilinisters and Major General in the Armed Forces shall seek the prior consent of the receiving state or noti$, the appropriate state authority through the usual diplomatic channels prior to their departure.
This shall be applicable to offrcials entering the territory ofthe other contracting party for ofEcial purposes; Parties to the Agreement reserve the right to prohibit citizens of the contlacting states from entering into their territories or terminate their stay without citing reasons for such actioni Citizens ofboth countries shall be required to respect and abide by the laws and regulations in force, when entering into, exiting, transiting through and staying in the territory ofeither partl'; The Agreement makes provision for a conflict resolution/redress mechanism through consultation and or negotiations.
Furthermore, the Agreement can be amended by mutual consent ofboth parties, and may be temporarily suspended partially or wholly on the grounds of threat to national security, public order, public health, and the like.

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Strategic relevance and urgency: Sierra Leone being an integral member of the comity of nations in the international arena, shares mutual aspirations with its bilateral partners to promote friendly cliplomatic relations.
It is in view of this aspiration that the Government signed the Mutual Visa Exemption Agreement with China, one of our strategic partners, as a means to further promote the existing friendly relations and cooperation between the two countries.

SECRET The signing of the Agreement was necessitated by the emerging trends in a now globalized world, which behoove states to build synergies and consolidate relations with other states for mutual benefit.
This represents a positive shift from our traditional foreign relations posture.

In represents a positive shift from our traditional foreign relations posture.

In realizing our desired goal of pursuing Economic Diplomacy, the implementation of this agreement would be an added ingredient to such efforts.

The New Direction's preference on trade is anchored on placing the highest premium on development and economic diplomacy as a core national interest.
In this regard, this Agreement will broaden and deepen diplomatic and friendly ties with China, one of our key bilateral partners.

This Agreement is a fulfiIment of this aspiration in that citizens with diplomatic and service passports will travel to China to conduct official business, particularly on emergencies, without recourse to visa application, which sometimes causes delays.
In a bid to promote international cooperation as enshrined in Chapter II Section 10 of the 1991 Constitution this l\{utual \risa Exemption Agreement has the potential to protect our national interest as espoused by His Excellency President Julius Maada Bio during his address at the State Opeuing of Parliament on 10th May, 2018.
By offering Government officials, the holders of Service and Diplomatic Passpolts from both countries to travel visa free, this Agreement will further promote cooperation betrveen our two countries.

Several cooperation Agleements have been sigred with the People's Republic of China, ranging from health, fisheries and to road infrastructural development.
During the implementation of those agreements, particularly, the hospital Partner Assistance Agreement, medical personnel and other technical government officials from both countries rvill travel to either country to provide services and attend training programmes.

This Agreement is therefore very crucial in facilitating travel into the territories of both states to facilitate government business.

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Expected benefits and target beneficiaries: The implementation of the Mutual Visa Exemption Agreement will have widespread benefrts to the Government and peoples of Sierra Leone: I In the past, Government Officials who intended to travel to China to conduct urgent or olficial business have experienced delays in processing their visa applications.

The implementation of this Agleement will invariably eliminate such delays, and will enable Officials to travel on scheduled datesi f,EC&ET Il.
111 This Agreement will further consolidate and deepen the existing friendly and diplomatic ties with China in that it will open up new areas of cooperation that will enhance economic growth and facilitate people to people exchangei This Agreement is intended for public officials - the holders of Diplomatic and Service passports.

The choice of these categories is due to the fact that they are easy to manage, and their background and conduct could be easily verified by state security apparatus.

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Other likely impacts: 1 Implementing a mutual visa exemption regime will have broad intrinsic social and economic benefrts, through the promotion of trade and tourism, and people -to-people exchanges between the trvo countries.

China is one of the world's most prominent emerging economies with a very large market for trade and tourism.

This will further promote cooperation in these areas, which would enormously benefit our citizens.

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The proposal will not have any adverse effect on women and disadvantaged gToups.

6.

Evidence that proposed interveution is needed and will work I 1l Since the establishment of diplomatic ties with China in 1971, there has been several cooperation agreements, specifically in infrastructure, health, education and agriculture, rvhich have contributed immensely to the socio- economic development of Sierra l,eone.

This Agreement further demonstrates the long standing bond betrveen our two countries.
The fact that the Heads of State of our two countries signed this Agreement is clear evidence that the Agreement was needed and when implemented, it will eliminate the inconveniences associated with government officials applying for visas to travel to China.

There are evidenccs of similar agreements with developing countries, which have worked without any major impediments.

China has already concluded similar agreements with 128 nations.
For example, in 1993, Benin implemented a similar agreement with the People's Republic of China, which is still in force and has benefrtted both countries.
This was followed by several other similar agreements with countries like Equatorial Guiaea in 2006; Egypt in 20O7; the Kingdom of Tonga in 2Ol2; Mauritius in 2013; Djibouti in 2014; Kenya in 2014; Nigeria in 20L4; Senegal in 2014; Zimbabwe n 2Ol4; Angola in 2015i Burundi in 2014; Bahamas in 2014; C6te d'Ivoire in 2015; Eritrea in SECRET 2015; Ethiopia in 2015; Ghana in 2015; MaIi in 2015; Togo irr 2015i Gabon in 2016i Kingdom of Lesotho in 2016; to name a few.

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Other options considered: A range ofother options were considered, including: I lt.

Extending the Visa Exemption to include Ordinary Passport holders, in particular, registered business entities in Sierra Leone or issuing multi' year multiple entry visa to Sierra Leone businesses.

This is vital especially for those in the private sector and are not holders of ordinary passports as it will enhance bilateral trade between Sierra Leone and China, one of the Iargest trade and tourism markets in the world.
This would provide an opportunity for Sierra Leone and China to mutually benefit from each country's trade and tourism potentials.

However, at this stage, the inclusion of ordinary passport holders is not considered appropriate.

Sierra Leone needs to assess and learn from the experience of implementing the current mutual visa exemption to a small category of Diplomatic and Serwice Passport holdels.
It is only after a period of operating this scheme that we rvill be in a position to determine whether it would be appropriate to extend the scheme to ordinary passport holders, u'hich would be a bigger category of beneficiaries to manage.

The inclusion of gainful employment for dependents of Diplomats, Consular Officers, Technical and Administrative Staff of diplomatic Missions was also considered.
This was later thought not to be reasonable given the fact that similar agreements did not include this provision and the exemption is onl5' for a period of thirtl' days instead of long term stay.

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Consultation across government: Other l\llinistries consulted were the Offrce of the Attorney General and Minister ofJustice and the Ministry oflnternal Affairs.

They provided concurrences (annexed).

9.

Financial implications: The Agreement has no direct frnancial obligation attached to it.
However, during implementation, there will be indirect cost in the form of visa waiver for Chinese holders of Diplomatic and Service passports visiting Sierra Leone.

This implies that none of the parties would directly gain financially from the implementation of the provisions of the agreement.

SECRET 10.

Legal imp lications The ratifrcation of the Agreement will make its provisions legally binding on the Parties.
In this respect, the Attorney General and Minister of Justice was consulted and has proffered comments and concurrence, attached in the Annex.

11.

Implementation risks and monitory: The following are potential risks that are associated with this Agreement.

However, these risks only need be given attention and protected against by robust passport issuing procedures and visa control measures.
Therefore, these risks need not prevent the implementation of this Agreement: Loss of revenue due to frequent requests for visa waiver: more revenue will be lost on grzlrs visas from our side, given the possible influx of Chinese citizens rvith Service passports, compared to the corresponding (possible smaller) numbers of Sierra l,eonean officials visiting Chinai Unpatriotic citizens using unscrupulous means to obtain Diplomatic and Service passports as a means of securing gratis vrsas to travel to the territory of either party; I ll.
l11.

One ofthe contracting parties reneging on the implementation ofkey plovisions of the agreement.

Aunexes: Annex A: Concurrence/Summary of comments from consulted ministriesi Annex B: Copy of the Cooperation Agleement on Mutual \risa Exemption for holders of Diplomatic and Service Passports.
stgtred: (Dr.) r of Foreign A-ffairs and International Cooperation D :2 th Au r 2018 ?/ q er* G. *,) I I rl 6 #5ffl{Eo ozTHlori o- Il{fl0r1 o 7- IMMIG TION DEPARTMENT 14 GLOUCESTER STREET, FKEETOIW, SIERRA LEONE Tel: (00 23222)2230341125081 Fax: (00737720) 7247 67.slid icrratel.sl Erom: The Chief Immigration Officer.

To: The Director-General & Ambasador-at-Large, Ministry of Foreign Affairs.
2nd February,2Ol7 I - REOUEST ETWEEN THE GOVEDRNMENT OF THE REPUBLIC OF SIERRA LE ONE AND THE GOVERNMENT OF THE PEOPLES REPUBLIC OF CHINA ON MUTAL VISA EXEMPTION FOR HOLDERS OF DIPLOMATIC AND SERVICE PASSPORTS EEMENT I write relative to the above subject and to inform you that the Iq'rmigration Department is in concurrence od the above stated agreement.
It must be noted that as a Department the above agreement re-enforce :-rr obligation of making migration easier and in line with International T r eaties and Agreements.

In view of the above, I hereby give concurrence to your ministry in order :g facilitate the preparation of the memorandum for approval by cabinet.

Please be assured of our usual Cooperation and accept the sentiments of nl highest esteem.
nsumana A. Marah For Chief fmmigration Officer I o SIT RMr"t LlFalr \h, I l,)i A t, NE covnRNMENT From: The Solicitor-General To: The Director-General & Ambassador-at-Large, Ministry of Foreign Affairs & International Cooperation -o 30s March,20l7 Copy: Minister of Foreign Affairs and Intemational Cooperation -L ON AND THE GOVERNMENT OF THEPE REOUEST FOR CONCURRENCE ON COOPERATION AGREEMENT BETW EN GOVERNMENT OF THE REPUBLIC OF SIERRA LE'S RE UBLIC OF CHINA ON MUTUAL VISA EXEMPTION FOR HOLDERS OF DIPLOMATIC AND SERVICE PASSPO TS AND COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF SIERRA LEONEAND THE FEDERATION OF SAINT CHRISTOPHER AND NEVIS ON EXEMPTION OF VISA REo UIREMENTS FOR HOLDERS OF DIPLOMATIC OFFICIAL AND ORDINARY PASSPORTS We refer to your correspondence culminating with Memorandum NO.15295/42 of 29'h March, 2017 pertaining to the above-cited Cooperation Agreements.
The Draft Agreements are to be entered into between (a) the Govemment of the Republic of Sierra Leone and the Govemment of the People's Repubtic of China on mutual visa exemption for holders of diplomatic and service passports (b) Republic of Sierra Leone and the Federation of Saint Christopher and Nevis on exemption of visa requirements for holders ofdiplomatic, official and ordinary passports.

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It is intended that the Parties to the Agreement referred to in (a) above establish a cooperation mechanism whereby citizens of Sierra Leone and China are exempted from visa requirements for entry into, exit from or transit through the territories of both countries for a maximum period of thirty (30) days.
In relation ro rhe Agreement referred to in (b) above, it is intended that the Parties establish a cooperation mechanism whereby holders of valid diplomatic, official or ordinary passports issued by the ry GOVERNMENT OF SIERRA LEONE MINUTE PAPER MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION (i) CP(201B)l I issued (ii) Below is Exlrocl kom Cobinet Minules of the 4ri meeting of 20.l8: RATiFICATION OF AGREEMENT ON MUTUAL VISA EXEMPTION FOR H OTDERS OF DIPTOMATIC AND SERVICE PASSPORTS BETWEEN THE GOVERNMENT OF THE REPU3tIC OF SIERRA TEONE AND TliE GOVERNMENT OF'iHE PEOPLE'S -R€PUSLIC OFCHINA Memo.
No: CP(2018)l I SUMMARY OF PROPOSAL lne Actin_c Minis:er ol ioreign effci's onc :nlernclionoi Coopero:ion p.ese.r'eo o proposol for Cobinel lo: [- r. opprove lhe Agreemenl between lhe Governmenl of lhe Republic of Sierro Leone ond ihe Governmenl of lhe People's Republic of Chino on Muluol Viso Exemplion lor holders of Diplomolic ond Service Possporis signed by the Minisler of Foreign efloks ond lnlernoiionol Cooperolion for Sierro Leone ond the Minislry of Foreign Affoirs lor Chino; oulhorize the Minisler of Foreign Alfoirs ond lnlernolionol Ccoperolion lo work in concert with the Atlorney Generol ond Minisler of Justice ond the Minisler of lnternol Affoirs to loy the Agreement before Porlioment for rolificotion; oulhorize ihe Atlorney Generol ond Minister of Justice to couse ihe domesticolion of the Agreement ond where possible, cquse the necessory qmendmenl to our noiionol lows lo occommodole the provisions of the Agreement referred to herein; designote lhe Minister of lnternol Affoirs os lhe Minister primorily responsible for the implementotion of the provisions of the Agreement.
Since l97l Sierro Leone hos enjoyed excellent ond.deep biloterol relotions wiih the People's Republic of Chino, benefiting from substontiol supporl ond ossisionce ocross severol sectors, including infrostructure development, t 1 (t \< ) b vl-J\ { a Republic of Siena Leone or Federation of St Christopher and Nevis are exempted from visa requirements for entry into, exit from or transit through the territories of both countries lor a period not exceeding 90 days.

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3.

As intemational Agreements, they are subject to ratification by Parliament by a resolution supported by the votes ofnot less than one-half of the Members of Parliament pursuant to section 40 subsection (4xdxii) of the Constitution of Sierra Leone, l99l (Act No.

6 of I 991 ).

4.

Subject to the above, we convey our concurrence to the signed Cooperation Agreements.

-a tu Ali6#y Sesay Principal State-Counsel For Solicitor-General Law Offi cers' Department Guma Building Freetown