WORLD TRADE
ORGANIZATIONWT/COMTD/25
11 October 2000
(00-4169)
Committee on Trade and Development Original:  English
EAST AFRICAN COMMUNITY
Communication from the Parties
The following text reproduces the Treaty for the Establishment of the East African
Community (EAC).
_______________
TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY
Preamble
Whereas  the Republic of Kenya, the Republic of Uganda and the United Republic of
Tanzania have enjoyed close historical, commercial, industrial, cultural and other ties for many years;
And whereas  formal economic and social integration in the East African Region commenced
with, among other things, the construction of the Kenya Uganda Railway 1897-1901, the
establishment of the Customs Collection Centre 1900, the East African Currency Board 1905, the
Postal Union 1905, the Court of Appeal for Eastern Africa 1909, the Customs Union 1919, the
East African Governors Conference 1926, the East African Income Tax Board 1940 and the Joint
Economic Council 1940;
And whereas  provision was made by the East Africa (High Commission) Orders in Council
1947 - 1961, the East African Common Services Organization Agreements 1961 – 1966, and the
Treaty for East African Co-operation 1967 for the establishment respectively, of the East Africa High
Commission, the East African Common Services Organization and the East African Community assuccessive joint organizations of the said countries to control and administer certain matters of
common interest and to regulate the commercial and industrial relations and transactions between the
said countries and by means of a central legislature to enact on behalf of the said countries laws
relevant to the purposes of the said joint organizations;
And whereas  in 1977 the Treaty for East African Co-operation establishing the East African
Community was officially dissolved, the main reasons  contributing to the collapse of the East African
Community being lack of strong political will, lack of strong participation of the private sector and
civil society in the co-operation activities, the continued disproportionate sharing of benefits of the
Community among the Partner States due to their differences in their levels of development and lackof adequate policies to address this situation;
And whereas  upon the dissolution of the East African Community the said countries signed
on the 14th day of May, 1984, at Arusha, in Tanzania the East African Community Mediation
Agreement 1984, hereinafter referred to as "the Mediation Agreement" for the division of the assets
and liabilities of the former East African Community;WT/COMTD/25
Page 2
And whereas   pursuant to Article 14.02 of the Mediation Agreement the said countries agreed
to explore and identify areas for future co-operation and to make arrangements for such co-operation;
And whereas  on the 30th day of November, 1993, provision was made by the Agreement for
the Establishment of a Permanent Tripartite Commission for Co-operation Between the Republic ofKenya, the Republic of Uganda  and the United Republic of Tanzania for the establishment of the
Permanent Tripartite Commission for Co-operation hereinafter referred to as "the Tripartite
Commission" to be responsible for the co-ordina tion of economic, social, cultural, security and
political issues among the said countries and a Declaration was also made by the Heads of State of the
said countries for closer East African Co-operation;
And whereas  on the 26th day of November, 1994, provision was made by the Protocol on the
Establishment of a Secretariat of the Permanent Tripartite Commission for Co-operation Between the
Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania, for the
establishment of the Secretariat of the Permanent Tripartite Commission for Co-operation Between
the  Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania  to act as the
Secretariat of the Tripartite Commission, hereinafter referred to as “the Secretariat of theTripartite Commission”;
And whereas  on the 29th day of April 1997 at Arusha in Tanzania, the Heads of State of the
said countries after reviewing the progress made by the Tripartite Commission, in the development of
closer co-operation between the said countries in the fiscal, monetary, immigration, infrastructure andservice fields and after approving the East African Co-operation Development Strategy for the period
1997-2000, directed the Tripartite Commission to embark on negotiations for the upgrading of the
Agreement establishing the Tripartite Commission into a Treaty;
And whereas  the said countries, with a view to strengthening their co-operation are resolved
to adhere themselves to the fundamental and operational principles that shall govern the achievement
of the objectives set out herein and to the principles of international law governing relationships
between sovereign states;
And whereas  the said countries, with a view to realising a fast and balanced regional
development are resolved to creating an enabling environment in all the Partner States in order to
attract investments and allow the private sector and civil society to play a leading role in thesocio-economic development activities through the development of sound macro-economic and
sectoral policies and their efficient management while taking cognisance of the developments in the
world economy as contained in the Marrakesh Agr eement Establishing the World Trade Organization,
1995 referred to "as the WTO Agreement"  and as may be decided by the Partner States, the
development of technological capacity for improved productivity;
And whereas the said countries desire to foster and to promote greater awareness of the shared
interests of their people;
And whereas  the said countries are resolved to act in  concert to achieve the objectives set out
herein before;
Now therefore  the Republic of Kenya , the Republic of Uganda and the United Republic of
Tanzania ;
Determined  to strengthen their economic, social, cu ltural, political, technological and other
ties for their fast balanced and sustainable development by the establishment of an East African
Community, with an East African Customs Union and a Common Market as transitional stages to and
integral parts thereof, subsequently a Monetary Union and ultimately a Political Federation;WT/COMTD/25
Page 3
Convinced  that co-operation at the sub-regional and regional levels in all fields of human
endeavour will raise the standards of living of African peoples, maintain and enhance the economic
stability, foster close and peaceful relations among African states and accelerate the successive stages
in the realisation of the proposed African Economic Community and Political  Union;
Agree as follows :
CHAPTER 1
Interpretation
Article 1
Interpretation
1. In this Treaty, except where the context otherwise requires:
- "Act of the Community" means an Act of  the Community in accordance with this
Treaty;
- "Audit Commission"means the Audit Commission established by Article 134 of this
Treaty;
- "Assembly" means the East African Legislative Assembly established by Article 9 of
this Treaty;
- "Bill" means a Bill of the East African Legislative Assembly;
- "civil society" means a realm of organised social life that is voluntary, self
generating, self-supporting, autonomous from the state, and bound by a legal set of
shared rules;
- "Clerk of the Assembly" means the Clerk of the East African Legislative Assembly
appointed under Article 48 of this Treaty;
- "common carrier" includes a person or an undertaking engaged in the business of
providing services for the carriage of goods and passengers for hire and operating as
such under the laws of a Partner State;
- "common external tariff" means an identical rate of tariff imposed on goods imported
from third countries;
- "Common Market" means the Partner States' markets integrated into a single market
in which there is free movement of capital, labour, goods and services;
- "common standard travel document" means a passport or any other valid travel
document establishing the identity of the holder, issued by or on behalf of the Partner
State of which he or she is a citizen  and shall also include inter-state passes;
- "Community" means the East African Community established by  Article 2 of this
Treaty;WT/COMTD/25
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- "Contracting Parties" means the Republic of Kenya, the Republic of Uganda and the
United Republic of Tanzania;
- "co-operation" includes the undertaking by the Partner States in common, jointly or in
concert, of activities undertaken in furtherance of the objectives of the  Community as
provided for under this Treaty or under any contract or agreement made thereunder or
in relation to the objectives of the Community;
- "Co-ordination Committee" means the Co-ordination Committee established by
Article 9 of this Treaty;
- "Council" means the Council of Ministers of the  Community established by  Article 9
of this Treaty;
- "Counsel to the Community" means the C ounsel to the Community provided for
under Article 69 of this Treaty;
- "countervailing duty" means a specific duty levied for purposes of offsetting a
subsidy bestowed directly or indirectly upon the manufacture, production or export of
that  product;
- "Court" means the  East African Court of Justice  established by Article 9 of this
Treaty;
- "customs clearing agent" means a  person who is licensed in any of the Partner States
to provide a service at a fee, in connection with documentation and customs clearance
of import and export of consignments of goods;
- "designated airline" means an airline which has been designated and authorised by a
competent authority of a Partner State to operate the agreed services;
- "duty drawback" means a refund of all or part of any excise or import duty paid in
respect of goods confirmed to have been exported or used in a manner or for a
purpose prescribed as a condition for granting duty drawback.
- "East African Industrial Development Strategy" means the strategy provided for
under Article 80 of this Treaty;
- "East African Law Reports" means the published reports of the judgements of the
former Court of Appeal for East Africa and the High Courts of Kenya, Tanzania and
Uganda;
- "East African Trade Regime" means a trade regime provided for under Article 74 of
this Treaty;
- "elected member" means an elected member of the Assembly elected under Article 50
of this Treaty;
- "environment" means the natural resources of air, water, soil, fauna and flora,
eco-systems, land, the man-made physical features, cultural heritage, the
characteristic aspects of the landscape and the socio-economic interaction between
the said factors and any living and non-living organisms;WT/COMTD/25
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- "equitable distribution of benefits" means fair and proportionate distribution of
benefits;
- "financial year" means the financial year referred to under Article 132 of this Treaty;
- "foreign country" means any country other than a Partner State;
- "freight forwarder" means a person engaged at a fee, either as an agent for other
transport operators or on his own account, in the management of transport services
and related documentation;
- "Gazette" means the Official Gazette of the Community;- "gender" means the role of women and men in society;
- "Head of Government" means a person designated as such by a Partner State's
Constitution;
- "Head of State" means a person designated as such by a Partner State’s Constitution ;
- "import" with its grammatical variations and cognate expressions means to bring or
cause to be brought into the territories of the Partner States from a foreign country;
- "indigenous entrepreneur" means a citizen who is a business person of a Partner State
but who does not possess a foreign nationality;
- "institutions of the Community" means the institutions of the Community established
by Article 9 of this Treaty;
- "international standards" means standards that are adopted by international
standardising or standards organizations made available to the public;
- "Judge" means a Judge of the East African Court of Justice and includes the President
and the Vice President of the Court;
- "judgment" shall where appropriate include a ruling, an opinion, an order, a directive
or a decree of the Court;
- "Minister" in relation to a Partner State, means a person appointed as a Minister of the
Government of that Partner State and any other person, however entitled, who, in
accordance with any law of that Partner State, acts as or performs the functions of a
Minister in that State;
- "multimodal transport" means the transport of goods and services from one point to
another by two or more modes of transport on the basis of a single contract issued by
the person organising such services and while such person assumes responsibility for
the execution of the whole operation and also includes any other similar equipment or
facility which may hereafter be used;
- "multimodal transport facilities" includes items such as heavy lift swinging devices,
twin deck cranes, gantry cranes, elevators, large carriers, mechanised storage, low
loaders, access facilities, low-profile straddle carriers, mobile cranes, container gantry
cranes, side loaders, heavy duty forklifts, heavy duty tractors, heavy duty trailers,WT/COMTD/25
Page 6
portable ramps, flat wagons (flats) for containers, low tare special user wagons and
trucks for containers, pallets , web-slings for pre-slung cargoes for different
commodities and any other similar equipment or facility which may hereafter be
used.
- "National Assemblies" with its grammatical variation and cognate expression means
the national legislatures however designated of the Partner States;
- "non-tariff barriers" means administrative and technical requirements imposed by a
Partner State in the movement of goods;
- "organs of the Community" means the organs of the Community established by
Article 9 of this Treaty;
- "other charges of equivalent effect" means any tax, surtax, levy or charge imposed on
imports and not on like locally produced products but does not include fees and
similar charges commensurate with the cost of services rendered;
- "Partner States" means the Republic of Kenya, the Republic of Uganda and the
United Republic of Tanzania and any other country granted membership to the
Community under Article 3 of this Treaty;
- "person" means a natural or legal person;
- "President of the Court" means the person appointed as President of the Court under
Article 24 of this Treaty;
- "principle of asymmetry" means the principle which addresses variances in the
implementation of measures in an economic integration process for purposes of
achieving a common objective;
- "principle of complementarity" means the principle which defines the extent to which
economic variables support each other in economic activity;
- "principle of subsidiarity" means the principle which emphasises multi-level
participation of a wide range of participants in the process of economic integration;
- "principle of variable geometry" means the principle of flexibility which allows for
progression in co-operation among a sub-group of members in a larger integrationscheme in a variety of areas and at different speeds;
- "private sector" means the part of the economy that is not owned or directly
controlled by a state;
- "protocol" means any agreement that supplements, amends or qualifies this Treaty;
- "Registrar" means the Registrar of the Court appointed under Article 45 of this
Treaty;
- "safeguard measures" means the measures taken by any Partner State as provided
under Article 78 and 88  of this Treaty as the case may be;WT/COMTD/25
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- "salary" and “terms and conditions of service" includes wages, overtime pay, salary
and wage structures, leave, passages, transport for leave purposes, pensions and other
retirement benefits,
- redundancy and severance payments, hours of duty, grading of posts, medical
arrangements, housing, arrangements for transport and travelling on duty, and
allowances;
- "Secretariat" means the Secretariat of the Community established by Article 9 of this
Treaty'
- "Secretary General" means the Secretary General of the Community provided for
under Article 67 of this Treaty;
- "Sectoral Committees" means Sectoral Committees established by Article 20 of this
Treaty;
- "Sectoral Council" means the Sectoral Council provided for under Article 14 of this
Treaty;
- "shipping agent" means  a local representative of a shipping company;
- "Speaker of the Assembly" means the Speaker of the Assembly provided for under
Article 53 of this Treaty.
- "subsidy" means a financial contribution by Government or any public body within
the territory of a Partner State or where there is any form of income or price supportin the sense of Article XVI of GATT 1994;
- "Summit" means the Summit established by  Article 9 of this Treaty.
- "surviving institutions of the former East African Community" means the East
African Civil Aviation Academy, Soroti, the East African Development Bank, the
East African School of Librarianship and the Inter-University Council for EastAfrica;
- "telecommunications" means any form of transmission, emission or reception signal,
writing, images and sounds or intelligence of any nature by wire, radio, optical or
other electro-magnetic systems;
- "trade procedure" means activities related to the collection, presentation, processing
and dissemination of data and information concerning all activities constituting
international trade;
- "Treaty" means this Treaty establishing the East African Community and any annexes
and protocols thereto;
2. In this Treaty, a reference to a law or protocol shall be construed as a reference to the law or
protocol as from time to time amended, added to or repealed.WT/COMTD/25
Page 8
CHAPTER 2
Establishment and Principles of the Community
Article 2
Establishment of the Community
1. By this Treaty the Contracting Parties establish among themselves an East African
Community hereinafter referred to as “the Community”.
2. In furtherance of the provisions of paragraph 1 of this Article and in accordance with the
protocols to be concluded in this regard, the Contracting Parties shall establish an East African
Customs Union and a Common Market as transitional stages to and integral parts of the Community.
Article 3
Membership of the Community
1. The members of the Community, in this Treaty refe rred to as "the Partner States", shall be the
Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania and any other
country granted membership to the Community  under this Article.
2. The Partner States may, upon such terms and in such manner as they may determine, together
negotiate with any foreign country the granting of me mbership to, or association of that country with,
the Community or its participation in any of the activities of the Community.
3. Subject to paragraph 4 of this Article, the matters to be taken into account by the Partner
States in considering the application by a foreign country to become a member of, be associated with,
or participate in any of the activities of the Community,  shall include that foreign country’s:
(a) acceptance of the Community as set out in this Treaty;(b) adherence to universally acceptable principles of good governance,  democracy, the
rule of law, observance of human rights and social justice;
(c) potential contribution to the strengthening of integration within the East African
region;
(d) geographical proximity to and inter-dependence between it and the Partner States;
(e) establishment and maintenance of a market driven economy; and(f) social and economic policies being compatible with those of the Community.
4. The conditions and other considerations that shall govern the membership or association of a
foreign country with the Community or its participation in any of the activities of the Community
shall be as those prescribed in this Article.
5. The granting of observer status with respect to the Community shall:
(a) in case of a foreign country,  be the prerogative of the Summit; andWT/COMTD/25
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(b) in case of an inter-governmental organization or civil society organization,  be the
prerogative of the Council.
6. The procedure to be followed with respect to th e foregoing provisions of this Article shall be
prescribed by the Council.
Article 4
Legal capacity of the Community
1. The Community shall have the capacity, within each of the Partner States, of a body corporate
with perpetual succession, and shall have power to acquire, hold, manage and dispose of land andother property, and to sue and be sued in its own name.
2. The Community shall have power to perform any of the functions conferred upon it by this
Treaty and to do all things, including borrowing, that are necessary or desirable for the performance
of those functions.
3. The Community shall, as a body corporate, be represented by the Secretary General.
Article 5
Objectives of the Community
1. The objectives of the Community shall be to develop policies and  programmes aimed at
widening and deepening co-operation among the Partner States in political, economic, social and
cultural fields, research and technology, defence, security and legal and judicial affairs, for theirmutual benefit.
2. In pursuance of the provisions of paragraph 1 of this Article, the Partner States undertake to
establish among themselves and in accordance with the provisions of this Treaty, a Customs Union, a
Common Market, subsequently a  Monetary Union and ultimately a Political Federation  in order to
strengthen and regulate the industrial, commercial, infrastructural, cultural, social, political and other
relations of the Partner States to the end that there shall be accelerated, harmonious and balanceddevelopment and sustained expansion of economic activities, the benefit of which shall be equitably
shared.
3. For purposes set out in paragraph 1 of this Article and as subsequently provided in particular
provisions of this Treaty, the Community shall  ensure:
(a) the attainment of sustainable growth and development of the Partner States by the
promotion of a more balanced and harmonious development of the Partner States;
(b) the strengthening and consolidation of co-operation in agreed fields that would lead
to equitable economic development within the Partner States and which would in
turn, raise the standard of living and improve the quality of life of their populations;
(c) the promotion of sustainable utilisation of the natural resources of the Partner States
and the taking of measures that would effectively protect the natural environment ofthe Partner States;WT/COMTD/25
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(d) the strengthening and consolidation of the long standing political,  economic, social,
cultural and traditional ties and associations between the peoples of the Partner States
so as to promote a people-centred mutual development of these ties and associations;
(e) the mainstreaming of gender in all its endeavours and the enhancement of the role of
women in cultural, social, political, economic and technological development;
(f) the promotion of peace, security, and stability within, and good neighbourliness
among, the Partner States;
(g) the enhancement and strengthening of partnerships with the private sector and civil
society in order to achieve sustainable socio-economic and political development; and
(h) the undertaking of such other activities calculated to further the objectives of the
Community, as the Partner States may from time to time decide to undertake in
common.
Article 6
Fundamental principles of the Community
The  fundamental principles that shall govern the achievement of the  objectives of the
Community by the Partner States shall  include:
(a) mutual trust, political will and sovereign equality ;
(b) peaceful co-existence and good neighbourliness;(c) peaceful settlement of disputes;(d) good governance including adherence to the principles of democracy, the rule of law,
accountability, transparency, social justice, equal opportunities, gender equality, as
well as the recognition, promotion and protection of human and peoples rights in
accordance with the provisions of the African Charter on Human and Peoples’Rights;
(e) equitable distribution of benefits; and(f) co-operation for mutual benefit.
Article 7
Operational principles of the Community
1. The principles that shall govern the practical achievement of the objectives of the Community
shall include:
(a) people-centred and market-driven co-operation;
(b) the provision by the Partner States of an adequate and appropriate enabling
environment, such as conducive policies and basic infrastructure;WT/COMTD/25
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(c) the establishment of an export oriented economy for the Partner States in which there
shall be free movement of goods, persons, labour,  services, capital, information and
technology;
(d) the principle of subsidiarity with emphasis on multi-level participation and the
involvement of a wide range of stake- holders in the process of integration;
(e) the principle of variable geometry which allows for progression in co-operation
among groups within the Community for wide r integration schemes in various fields
and at different speeds;
(f) the equitable distribution of benefits accruing or to be derived from the operations of
the Community and measures to address economic imbalances that may arise from
such operations;
(g) the principle of complementarity; and
(h) the principle of asymmetry.
2. The Partner States undertake to abide by the principles of good governance, including
adherence to the principles of democracy, the rule of law, social justice and the maintenance  of
universally accepted standards of human rights.
Article 8
General undertaking as to implementation
1. The Partner States shall:
(a) plan and direct their policies and resources with a view  to creating conditions
favourable for the development and achievement of the objectives of the Community
and the implementation of the provisions of this Treaty;
(b) co-ordinate, through the institutions of the Community, their economic and other
policies to the extent necessary to achieve the objectives of the Community; and
(c) abstain from any measures likely to jeopardise the achievement of those objectives or
the implementation of the provisions of this Treaty.
2. Each Partner State shall, within twelve months from the date of signing this Treaty, secure the
enactment and the effective implementation of such le gislation as is necessary to give effect to this
Treaty, and in particular:
(a) to confer upon the Community the legal capacity and personality required for the
performance of its functions; and
(b) to confer upon the legislation, regulations and directives of the Community and its
institutions as provided for in this Treaty, the force of law within its territory.WT/COMTD/25
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3. Each Partner State shall:
(a) designate a Ministry with which the Secretary General may communicate in
connection with any matter arising out of the implementation or the application of
this Treaty, and shall notify the Secretary General of that designation;
(b) transmit to the Secretary General copies of all relevant existing and proposed
legislation and its official gazettes; and
(c) where it is required under this Treaty, to supply to or exchange with another Partner
State any information, send copies of such information to the Secretary General.
4. Community organs, institutions and laws shall take precedence over similar national ones on
matters pertaining to the implementation of this Treaty.
5. In pursuance of the provisions of paragraph 4 of this Article, the Partner States undertake to
make the necessary legal instruments to confer precedence of Community organs, institutions andlaws over similar national ones.
CHAPTER 3
Establishment of the Organs and Institutions of the Community
Article 9
Establishment of the organs and institutions of the Community
1. There are hereby established as organs of the Community:
(a) the Summit;
(b) the Council;
(c) the Co-ordination Committee;
(d) Sectoral Committees;(e) the East African Court of Justice;
(f) the East African Legislative  Assembly;
(g) the Secretariat; and
(h) such other organs as may be established by the Summit.
2. The institutions of the Community shall be such bodies, departments and services as may be
established by the Summit.
3. Upon the entry into force of this Treaty, the East African Development Bank established by
the Treaty Amending and Re-enacting the Charter of the East African Development Bank, 1980 andthe Lake Victoria Fisheries Organization established by the Convention (Final Act) for the
Establishment of the Lake Victoria Fisheries Organization, 1994 and surviving institutions of the
former East African Community  shall be deemed to be institutions of the Community and shall be
designated and function as such.
4. The organs and  institutions of the Community shall perform the functions, and act within the
limits of the powers conferred upon them by or under this Treaty.WT/COMTD/25
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5. In the appointment of staff and composition of the organs and institutions of the Community,
gender balance shall be taken into account.
CHAPTER 4
The Summit
Article 10
Membership of the Summit
1. The Summit shall consist of the Heads of State or Government of the Partner States.2. If a member of the Summit is unable to attend a meeting of the Summit and it is not
convenient to postpone the meeting, that member may, after consultation with other members of the
Summit, appoint a Minister of Government to attend the meeting.  A Minister so appointed shall, for
purposes of that meeting, have all the powers, duties and responsibilities of the member of theSummit for whom that person is acting.
Article 11
Functions of the Summit
1. The Summit shall give general directions and impetus as to the development and achievement
of the objectives of the Community.
2. The Summit shall consider the annual progress reports and such other reports submitted to it
by the Council as provided for by this Treaty.
3. The Summit shall review the state of peace, security and good governance within the
Community and the progress achieved towards the establishment of a Political Federation of the
Partner States.
4. The Summit shall have such other functions as may be conferred upon it by this Treaty.5. Subject to this Treaty, the Summit may delegate the exercise of any of its functions, subject to
any conditions which it may think fit to impose, to a member of the Summit, to the Council or to the
Secretary General.
6. An Act of the Community may provide for the delegation of any powers, including legislative
powers, conferred on the Summit by this Treaty or by any Act of the Community, to the Council or to
the Secretary General.
7. Subject to the provisions of any Act of the Community, the acts and decisions of the Summit
may be signified under the hand of the Secretary General or of any officer in the service of the
Community authorised in that behalf by the Summit.
8. The Summit shall cause all rules and orders made by it under this Treaty to be published in
the Gazette; and any such rules or orders shall come into force on the date of publication unlessotherwise provided in the rule or order.WT/COMTD/25
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9. The delegation of powers and functions referred to in paragraphs 5 and 6 of this Article, shall
not include:
(a) the giving of general directions and impetus;
(b) the appointment of Judges to the East African Court of Justice;(c) the admission of new Members and granting of Observer Status to foreign countries;
and
(d) assent to Bills.
Article 12
Meetings of the Summit
1. The Summit shall meet at least once in every year and  may hold extraordinary meetings at
the request of any member of the Summit.
2. The tenure of office of the Chairperson of the Summit is one year and the office of the
Chairperson shall be held in rotation among the Partner States.
3. The decisions of the Summit shall be by consensus.4. The Summit shall discuss business submitted to  it by the Council and any other matter which
may have a bearing on the Community.
5. Subject to the provisions of this Treaty, the Summit shall determine its own procedure,
including that for convening its meetings, for the conduct of business thereat and at other times, and
for the rotation of the office of Chairperson among the members of the Summit.
CHAPTER 5
The Council
Article 13
Membership of the Council
The Council shall consist of the Ministers responsible for regional co-operation of each
Partner State and such other Ministers of the Partner States as each Partner State may determine.
Article 14
Functions of the Council
1. The Council shall be the policy organ of the Community.2. The Council shall promote, monitor and keep  under constant review the implementation of
the programmes of the Community and ensure the proper functioning and development of the
Community in accordance with this Treaty.WT/COMTD/25
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3. For purposes of paragraph 1 of this Article, the Council shall:
(a) make policy decisions for the efficient and harmonious functioning and development
of the Community;
(b) initiate and submit Bills to the Assembly;
(c) subject to this Treaty, give directions to the Partner States and to all other organs and
institutions of the Community other than the Summit, Court and the Assembly;
(d) make regulations, issue directives, take decisions, make recommendations and give
opinions in accordance with the provisions of this Treaty;
(e) consider the budget of the Community;(f) consider measures that should  be taken by Partner States in order to promote the
attainment of the objectives of the Community;
(g) make staff rules and  regulations and financial rules and regulations of the
Community;
(h) submit annual progress reports to the Summit and prepare the agenda for the meetings
of the Summit;
(i) establish from among its members, Sectoral Councils to deal with such matters that
arise under this Treaty as the Council may delegate or assign to them and the
decisions of such  Sectoral Councils shall be deemed to be decisions of the Council;
(j) establish the Sectoral Committees provided for under this Treaty;
(k) implement the decisions and directives of the Summit as may be addressed to it;(l) endeavour to resolve matters that may be referred to it; and
(m) exercise such other powers and perform such other functions as are vested in or
conferred on it by this Treaty.
4. The Council may request advisory opinions from the Court in accordance with this Treaty.
5. The Council shall cause all regulations and directives made or given by it under this Treaty to
be published in the Gazette; and such regulations or directives shall come into force on the date of
publication unless otherwise provided therein.
Article 15
Meetings of the Council
1. The Council shall meet twice in each year, one meeting of which shall be held immediately
preceding a meeting of the Summit.  Extraordinary meetings of the Council may be held at the requestof a Partner State or the Chairperson of the Council.WT/COMTD/25
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2. The Council shall determine its own procedure in cluding that for convening its meetings, for
the conduct of business thereat and at other times, and for the rotation of the office of Chairperson
among its members who are Ministers responsible for regional co-operation in the Partner States.
3. A member of the Council who is the leader of his or her Partner State's delegation to a
meeting of the Council, may record his or her objection to a proposal submitted for the decision of the
Council and, if any such objection is recorded, the Council shall not proceed with the proposal and
shall, unless the objection is withdrawn refer the matter to the Summit for decision.
4. Subject to a  protocol on decision-making, the decisions of the Council shall be by consensus.5. The protocol referred to in paragraph 4 of this Article shall be concluded within a period of
six months from the entry into force of this Treaty.
Article 16
Effects of regulations, directives, decisions and recommendations of the Council
Subject to the provisions of this Treaty, the regulations, directives and decisions of the
Council taken or given in pursuance of the provisions of this Treaty shall be binding on the Partner
States, on all organs and institutions of the Community other than the Summit, the Court and the
Assembly within their jurisdictions, and on those to  whom they may under this Treaty be addressed.
CHAPTER 6
The Co-ordination Committee
Article 17
Composition of the Co-ordination Committee
The Co-ordination Committee shall consist of the Permanent Secretaries responsible for
regional co-operation in each Partner State and such other Permanent Secretaries of the Partner Statesas each Partner State may determine.
Article 18
Functions of the Co-ordination Committee
The Co-ordination Committee:(a) shall submit from time to time, reports and recommendations to the Council either on
its own initiative or upon the request of the Council, on the implementation of this
Treaty;
(b) shall implement the decisions of the Council as the Council may direct;(c) shall receive and consider reports of the Sectoral Committees and co-ordinate their
activities;
(d) may request a  Sectoral Committee to investigate any particular matter; andWT/COMTD/25
Page 17
(e) shall have such other functions as are conferred upon it by this Treaty.
Article 19
Meetings of the Co-ordination Committee
1. Subject to any directions which may be given by the Council, the Co-ordination Committee
shall meet at least twice in each year preceding the meetings of the Council and may hold
extraordinary meetings  at the request of the Chairperson of the Co-ordination Committee.
2. The Co-ordination Committee shall determine its own procedure including that for convening
its meetings, for the conduct of business thereat and at other times, and for the rotation of the office ofChairperson among its members who are Permanent Secretaries responsible for regional co-operation
in the Partner States.
CHAPTER 7
Sectoral Committees
Article 20
Establishment and composition of Sectoral Committees
The Co-ordination Committee shall recommend to the Council the establishment,
composition and functions of such Sectoral Committees as may be necessary for the achievement of
the objectives of this Treaty.
Article 21
Functions of the Sectoral Committees
Subject to any directions the Council may give, each Sectoral Committee shall:
(a) be responsible for the preparation of a comprehensive implementation programme
and the setting out of priorities with respect to its sector;
(b) monitor and keep under constant review th e implementation of the programmes of the
Community with respect to its sector;
(c) submit from time to time, reports and recommendations to the Co-ordination
Committee  either on its own initiative or upon the request of the Co-ordination
Committee concerning the implementation of the provisions of this Treaty that affect
its sector; and
(d) have such other functions as may be conferred on it by or under this Treaty.WT/COMTD/25
Page 18
Article 22
Meetings of the Sectoral Committees
Subject to any directions that may be given by the Council, the Sectoral Committees shall
meet as often as necessary for the proper discharge of their functions and shall determine their own
procedure.
CHAPTER 8
The East African Court of Justice
Article 23
Role of the Court
The Court shall be a judicial body which shall ensure the adherence to law in the
interpretation and application of and compliance with  this Treaty.
Article 24
Judges of the Court
1. Judges of the Court shall be appointed by the Summit from among  persons recommended by
the Partner States who are of proven  integrity,  impartiality and independence and who fulfil the
conditions required in their own countries for the holding of such  high judicial office, or who are
jurists of recognised competence, in their respective Partner States:
Provided that no  more than two  Judges shall at any time be  appointed on the recommendation
of the same Partner State.
2. The number of Judges of the Court shall be a maximum of  six:
Provided that of the Judges first appointed to the Court, the terms of two Judges shall expire
at the end of five years, the terms of two other Judges shall expire at the end of six years and
the remaining two Judges shall serve their full term of seven years.
3. The Judges whose terms are to expire at the end of each of the initial periods mentioned in
paragraph 2 of this Article  shall be chosen by lot to be drawn by the Summit immediately after their
first appointment.
4. There shall be a President and a  Vice-President of the Court who shall be appointed by the
Summit from among the Judges appointed under paragraph 1 of this Article:
Provided that the President and the Vice President of the Court were not recommended for
appointment by the same Partner  State.
5. The office of President of the Court shall be held in rotation after the completion of any one
term.
6. The President of the Court shall direct the work of the Court, represent it, regulate the
disposition of matters brought before the Court, and preside over its sessions.WT/COMTD/25
Page 19
Article 25
Tenure of office of Judges
1. Subject to paragraph 2 of Article 24,  a Judge appointed under paragraph 1 of Article 24 of
this Treaty, shall hold office for a maximum period of seven years.
2. A Judge shall hold office for the full term of his or her appointment unless he or she resigns
or attains seventy (70) years  of age or dies or is removed from office in accordance with this Treaty.
3. Where the term of office of a Judge comes to an end by effluxion of time or on resignation
before a decision or opinion of the Court with respect to a matter which has been argued before theCourt of which he or she was a member is delivered, that Judge shall, only for the purpose of
completing that particular matter, continue to sit as a Judge.
4. A Judge may, at any time, resign his or her office by giving three months' written notice to the
Chairman of the Summit through the Secretary General.
5. The salary and other terms and conditions of service of a Judge not provided for in this Treaty
shall be determined by the Summit on the recommendation of the Council.
Article 26
Removal from office and temporary membership of the Court
1. The President of the Court or other Judge shall not be removed from office except by the
Summit for misconduct or for inability to perform the functions of his or her office due to infirmity ofmind or body.
2. Notwithstanding the provisions of paragraph 1 of this Article, a Judge of the Court shall only
be removed from office if the question of his or her removal from office has been referred to an
ad hoc independent tribunal appointed for th is purpose by the Summit and the tribunal has
recommended that the Judge be removed from office for misconduct or inability to perform the
functions of his or her office
3. The tribunal appointed under paragraph 2 of this Article shall consist of three eminent Judges
drawn from within the Commonwealth of Nations.
4. At any time when the office of the President of the Court is vacant, or the person holding that
office is for any reason unable to perform the functions of that office, those functions shall be
performed by the Vice President of the Court.
5. The procedure for filling other vacancies in the Court shall be prescribed in rules of the Court.
6. If a Judge is directly or indirectly interested in a case before the Court, he or she shall
immediately report the nature of his or her  interest to the President of the Court, and, if in his or her
opinion the President of the Court  considers the Judge's interest in the case prejudicial, he or she  shall
make a report to the Chairperson of the  Summit, and the Summit shall appoint a temporary Judge to
act for that case only in place of the substantive Judge.
7. If the President of the Court  is directly or indirectly interested in a case before the Court he or
she shall, if he or she  considers that the nature of his or her  interest is such that it would be prejudicial
for him or her to take part in that case, make a report to the Chairperson of the Summit and theWT/COMTD/25
Page 20
Summit shall appoint a temporary President of the  Court  to act as President of the Court  for that case
only in place of the substantive President of the Court.
Article 27
Jurisdiction of the Court
1. The Court shall initially have jurisdiction over the interpretation and application of this
Treaty.
2. The Court shall have such other original, appellate, human rights and other jurisdiction as will
be determined by the Council at a suitable subsequent date.  To this end, the Partner States shallconclude a protocol to operationalize the extended jurisdiction.
Article 28
Reference by Partner States
1. A Partner State which considers that another Partner State or an organ or  institution of the
Community has failed to fulfil an obligation under this Treaty or has infringed a provision of this
Treaty, may refer the matter to the Court for adjudication.
2. A Partner State may refer for determination by the Court, the legality of any Act, regulation,
directive, decision or action on the ground that it  is ultra vires  or unlawful or an infringement of the
provisions of this Treaty or any rule of law relating to its application or amounts to a misuse or abuse
of power.
Article 29
Reference by the Secretary General
1. Where the Secretary General considers that a Partner State has failed to fulfil an obligation
under this Treaty or has infringed a provision of this Treaty, the Secretary General  shall submit his or
her  findings to the Partner State concerned for that Partner State to submit its observations on the
findings.
2. If the Partner State concerned does not submit its observations to the Secretary General within
four months, or if the observations submitted are unsatisfactory, the Secretary General shall refer the
matter to the Council which shall decide whether the matter should  be referred by the Secretary
General to the Court immediately or be resolved by the Council.
3. Where a matter has been referred to the Council under the provisions of paragraph 2 of this
Article and the Council fails to resolve the matter, the Council shall direct the Secretary General to
refer the matter to the Court.
Article 30
Reference by legal and natural persons
Subject to the  provisions of Article 27 of this Treaty , any person who is resident in a Partner
State may refer for determination by the Court, the legality of any Act, regulation, directive, decision
or action of a Partner State or an institution of the Community on the grounds that such Act,WT/COMTD/25
Page 21
regulation, directive, decision or action is unlawful or is  an infringement of the provisions of this
Treaty.
Article 31
Disputes between the Community and its employees
The Court shall have jurisdiction to hear and determine disputes between the Community and
its employees that arise out of the terms and conditions of employment of the employees of the
Community or the application and interpretation of the staff rules and regulations and terms and
conditions of service of the Community.
Article 32
Arbitration clauses and special agreements
The Court shall have jurisdiction to hear and determine any matter:(a) arising from an arbitration clause contained in a contract or agreement which confers
such jurisdiction to which the Community or any of its institutions is a party; or
(b) arising from a dispute between the Partner States regarding this Treaty if the dispute
is submitted to it under a special agreement between the Partner States concerned; or
(c) arising from an arbitration clause contained in a commercial contract or agreement in
which the parties have conferred jurisdiction on the Court.
Article 33
Jurisdiction of national courts
1. Except where jurisdiction is conferred on the Court by this Treaty, disputes to which the
Community is a party shall not on that  ground alone, be excluded from the jurisdiction of the nationalcourts of the Partner States.
2. Decisions of the Court on the interpretation and application of this Treaty shall have
precedence over decisions of national courts on a similar matter.
Article 34
Preliminary rulings of national courts
Where a question is raised before any court or tribunal of a Partner State concerning the
interpretation or application of the provisions of this Treaty or the validity of the regulations,
directives, decisions or actions of the Community, that court or tribunal shall, if it considers that a
ruling on the question is necessary to enable it to give judgment, request the Court to give a
preliminary ruling on the question.WT/COMTD/25
Page 22
Article 35
Judgment of the Court
1. The Court shall consider and determine every reference made to it pursuant to this Treaty in
accordance with rules of the Court and shall deliver in public session, a reasoned judgment which,
subject to rules of the Court as to review, sha ll be final, binding and conclusive and not open to
appeal:
Provided that if the Court considers that in the special circumstances of the case it is
undesirable that its judgment be delivered in open court, the Court may make an order to that
effect and deliver its judgment before the parties privately.
2. The Court shall deliver one judgment only in respect of every reference to it, which shall be
the judgment of the Court reached in private by majority verdict:
Provided that a Judge may deliver a dissenting judgment.
3. An application for review of a judgment may be made to the Court only if it is based upon the
discovery of some fact which by its nature might have had a decisive influence on the judgment if it
had been known to the Court at the time the judgment was given, but which fact, at that time, was
unknown to both the Court and the party making the application, and which could not, with
reasonable diligence, have been discovered by that party before the judgment was made, or on
account of some mistake, fraud  or error on the face of the record or because an injustice has been
done.
Article 36
Advisory opinions of the Court
1. The Summit, the Council or a Partner State may request the Court to give an advisory opinion
regarding a question of law arising from  this Treaty which affects the Community, and the Partner
State, the Secretary General or any other Partner State  shall in the case of every such request have the
right to be represented and take part in the proceedings.
2. A request for an advisory opinion under paragraph 1 of this Article shall contain an exact
statement of the question upon which an opinion is required and shall be accompanied by all relevant
documents  likely to be of assistance to the Court.
3. Upon the receipt of the request under paragraph 1 of this Article, the Registrar shall
immediately give notice of the request, to all the Partner States, and shall notify them that the Court
shall be prepared to accept, within a time fixed by the President of the Court, written submissions, or
to hear oral submissions relating to the question.
4. In the exercise of its advisory function, the Court shall be governed by this Treaty and rules of
the Court relating to references of disputes to the extent that the Court considers appropriate.
Article 37
Appearance before the Court
1. Every party to a dispute or reference before the Court may be represented by an advocate
entitled to appear before a superior court of any of the Partner States appointed by that party.WT/COMTD/25
Page 23
2. The Counsel to the Community  shall be entitl ed to appear before the Court in any matter in
which the Community or any of its institutions is a party or in respect of any matter where  the
Counsel to the Community thinks that su ch an appearance would be desirable.
Article 38
Acceptance of judgments of the Court
1. Any dispute concerning the interpretation or application of this Treaty or any of the matters
referred to the Court pursuant to this Chapter shall not be subjected to any method of settlement other
than those provided for in this Treaty.
2. Where a dispute has been referred to the Council or the Court, the Partner States shall refrain
from any action which might be detrimental to the resolution of the dispute or might aggravate the
dispute.
3. A Partner State or the Council shall take, without delay, the measures required to implement a
judgment of the Court.
Article 39
Interim orders
The Court may, in a case referred to it, make any interim orders or issue any directions which
it considers necessary or desirable.  Interim orders and other directions issued by the Court shall have
the same effect ad interim as decisions of the Court.
Article 40
Intervention
A Partner State, the Secretary General or a resident of a Partner State who is not a party to a
case before the Court may, with leave of the Court, intervene in that case, but the submissions of theintervening party shall be limited to evidence supporting or opposing the arguments of a party to the
case.
Article 41
Proceedings
1. The quorum for deliberations of the Court shall be prescribed in rules of the Court.
2. The proceedings before the Court shall be either written or oral.3. The record of each hearing shall be signed by the President or Vice President of the Court  and
shall be kept and maintained by the Registrar.WT/COMTD/25
Page 24
Article 42
Rules of the Court and oaths of office
1. The Court shall make rules of the Court which shall, subject to the provisions of this Treaty,
regulate the detailed conduct of the business of the Court.
2. The Secretary General shall prepare the oath and declarations that the Judges and the
Registrar of the Court shall take before the Summit upon their appointment or make upon entering
into their duties.
Article 43
Immunity of the Judges and the holding of other offices
1. The Judges of the Court shall be immune from legal action for any act or omission committed
in the discharge of their judicial functions under this Treaty.
2. A Judge of the Court shall neither hold any political office or any office in the service of a
Partner State or the Community nor engage in any trade, vocation or profession that is likely to
interfere or create a conflict of interest to his or her position.
Article 44
Execution of judgments
The execution of a judgment of the Court which imposes a pecuniary obligation on a person
shall be governed by the rules of civil procedure in force in the Partner State in which execution is to
take place.  The order for execution shall be appended to the judgment of the Court which shall
require only the verification of the authenticity of the judgment by the Registrar whereupon, the party
in whose favour execution is to take place, may proceed to execute the judgment.
Article 45
Registrar of the Court and other staff
1. The Council shall appoint a Registrar of the Court from among citizens of the Partner States
qualified to  hold such high judicial office in their respective Partner States.
2. The Court shall employ such other staff as may be required to enable it to perform its
functions and who shall hold office in the service of the Court.
3. The salary and other conditions of service of the Registrar and other staff of the Court shall be
determined by the Council.
4. Notwithstanding the provisions of paragraph 1 of this Article the Registrar shall be
responsible to the President of the Court  for the day to day administration of the business of the Court.
The Registrar shall also carry out the duties imposed upon him by this Treaty and rules of the Court.WT/COMTD/25
Page 25
Article 46
Official language of the Court
The official language of the Court shall be English.
Article 47
Seat of the Court
The Seat of the Court shall be determined by the Summit.
CHAPTER 9
The East African Legislative Assembly
Article 48
Membership of the Assembly
1. The members of the Assembly shall be:
(a) twenty-seven elected members; and(b) five ex-officio members consisting of
(i) the Minister responsible for regional co-operation from each Partner State;
and
(ii) the Secretary General and the Counsel to the Community .
2. The Speaker  of the Assembly shall preside over and take part in its proceedings in accordance
with the rules of procedure of the Assembly.
3. The Assembly shall have committees which shall be constituted in the manner provided in the
rules of procedure of the Assembly and shall perfor m the functions provided in respect thereof in the
said rules of procedure.
4. The Council shall appoint a Clerk of the Assembly  and other officers of the Assembly whose
salaries and other terms and conditions of service shall be determined by the Council.
Article 49
Functions of the Assembly
1. The Assembly shall be the legislative organ of the Community.
2. The Assembly:
(a) shall liaise with the National Assemblies of the Partner States on matters relating to
the Community;WT/COMTD/25
Page 26
(b) shall debate and approve the budget of the Community;
(c) shall consider annual reports on the activities of the Community, annual audit reports
of the Audit Commission and any other reports referred to it by the Council;
(d) shall discuss all matters pertaining to the Community and make recommendations to
the Council as it may deem necessary for the implementation of the Treaty;
(e) may for purposes of carrying out its functions, establish any committee or committees
for such purposes as it deems necessary;
(f) shall recommend to the Council the appointment of the Clerk and other officers of the
Assembly; and
(g) shall make its rules of procedure and those of its committees.
3. The Assembly may perform any other functions as are conferred upon it by this Treaty.
Article 50
Election of members of the Assembly
1. The National Assembly of each Partner State shall elect, not from among its members, nine
members of the Assembly, who shall represent as much as it is feasible, the various political parties
represented in the National Assembly, shades of opinion, gender and other special interest groups in
that Partner State, in accordance with such procedure as the National Assembly of each Partner State
may determine.
2. A person shall be qualified to be elected a member of the Assembly by the National
Assembly of a Partner State in accordance with paragraph 1 of this Article if such a person:
(a) is a citizen of that Partner State;(b) is qualified to be elected a member of the National Assembly of that Partner State
under its Constitution;
(c) is not holding office as a Minister in that Partner State;(f) is not an officer in the service of the Community; and(g) has proven experience or interest in consolidating and furthering the aims and the
objectives of the Community.
Article 51
Tenure of office of elected members
1. Subject to this Article, an elected member of the Assembly shall hold office for five years and
be eligible for re-election for a further term of five years.
2. The terms and conditions of service of the Members of the Assembly shall be determined by
the Summit on the recommendation of the Council.WT/COMTD/25
Page 27
3. An elected member of the Assembly shall vacate his or her  seat in the Assembly upon the
happening of any of the following events:
(a). upon the delivery of his or her  resignation in writing to the Speaker of the Assembly;
(b) upon his or her  ceasing to be qualified for election as an elected member;
(c) upon his or her  election or nomination as a member of the National Assembly of a
Partner State;
(d) upon his or her  appointment as a Minister in the Government of a Partner State;
(e) upon his or her  having been absent from the Assembly for such period and in such
circumstances as are prescribed by the rules of procedure of the Assembly; or
(f) upon his or her conviction by a Court of competent jurisdiction of an offence and
sentenced to imprisonment for a term exceeding six months and if no appeal has been
preferred against such a decision.
Article 52
Questions as to membership of the Assembly
1. Any question that may arise whether any person is an elected member of the Assembly or
whether any seat on the Assembly is vacant shall be determined by the institution of the Partner State
that determines questions of the election of members of the National Assembly responsible for the
election in question.
2. The National Assembly of the Partner States shall notify the Speaker of the Assembly of
every determination made under paragraph 1 of this Article.
Article 53
Speaker of the Assembly
1. The Speaker of the Assembly shall be elected on rotational basis by the elected members of
the Assembly from among themselves to serve for a period of five years.
2. The Speaker of the Assembly shall vacate his or her  office:
(a) upon the expiry of the period for which he or she  was elected;
(b) if he or she  delivers his or her resignation in writing to the elected members; or
(c) if he or she  ceases to be qualified for election as Speaker of the Assembly.
3. The Speaker of the Assembly may be removed from office by a resolution supported by not
less than two thirds majority of the elected members for inability to perform the functions of his or her
office, whether arising from infirmity of mind or body or for misconduct.WT/COMTD/25
Page 28
Article 54
Invitation of persons to assist the Assembly
1. The Speaker  of the Assembly,  may invite any person to attend the Assembly,
notwithstanding that he or she  is not a member of the Assembly, if in his or her  opinion  the business
before the Assembly renders his or her presence desirable.
2. The rules of procedure of the Assembly shall make provisions for a person so invited to take
part in the proceedings of the Assembly relating  to the matters in respect of which he or she  was
invited.
Article 55
Meetings of the Assembly
1. The meetings of the Assembly shall be held at such times and places as the Assembly  may
appoint.
2. Subject to the provisions of paragraph 1 of this Article , the Assembly shall meet at least once
in every year at Arusha in the United Republic of Tanzania  and at a time to be determined by the
Assembly.
Article 56
Presiding in the Assembly
There shall preside at any sitting of the Assembly:
(a) the Speaker of the Assembly; or(b) in the absence of the Speaker of the Assembly , such elected member of the Assembly
as the elected members may elect for the sitting.
Article 57
Quorum and vacancies in the Assembly
1. Subject to this Article, the rules of procedure of the Assembly shall make provision as to the
number and composition of the elected members that shall constitute a quorum of the Assembly.
2. In reckoning the number of members who are present for the purposes of paragraph 1 of this
Article, the person presiding shall not be taken into account.
3. The Assembly may transact business notwithstanding that there is a vacancy among its
members, and the attendance or participation of any person not entitled to attend or participate in the
proceedings of the Assembly shall not invalidate those proceedings.WT/COMTD/25
Page 29
Article 58
Voting in the Assembly
1. All questions proposed for decision in the Assembly shall be determined by a majority of the
votes of the members present and voting .
2. The ex-officio members of the Assembly shall not be entitled to vote in the Assembly.3. When in the absence of the Speaker of the Assembly  a member is presiding in the Assembly,
the member presiding shall retain his or her  right to vote.
4. If the votes of the members are equally divided upon any motion before the Assembly, the
motion shall be lost.
Article 59
Bills and motions in the Assembly
1. Subject to the rules of procedure of the Assembly, any member may propose any motion or
introduce any Bill in the Assembly:
Provided that a motion which does not relate to the functions of the Community shall not be
proposed in the Assembly, and a Bill which does not relate to a matter with respect to which
Acts of the Community may be enacted shall not be introduced into the Assembly.
2. The Assembly shall not:
(a) proceed on any Bill, including an amendment to any Bill, that,  in the opinion of the
person presiding, makes provision for any of the following purposes:
(i) for the imposition of any charge upon any fund of the Community;
(ii) for the payment, issue or withdrawal from any fund of the Community of any
moneys not charged thereon or the increase in the amount of any such
payment, issue or withdrawal;
(iii) for the remission of any debt due  to the Community; or
(b) proceed upon any motion, including any amendment to a motion, the effect of which,
in the opinion of the person presiding, would be to make provision for any of the said
purposes.
3. In addition to the provisions of paragraphs 1 and 2 of this Article:
(a) the Council shall publish annually and present to  a meeting of the Assembly a
general report on the activities of the Community and which the Assembly shall
consider at its meeting;
(b) the Assembly may by a majority of votes cast request the  Council to submit any
appropriate proposals on matters on which it considers that action is required on the
part of the Community for the purpose of implementing this Treaty; andWT/COMTD/25
Page 30
(c) the Assembly shall hold an annual debate on the report to be submitted  to it by the
Council on progress made by the Community in the development of its common
foreign and security policies.
Article 60
Rules of procedure of the Assembly
The Assembly may make, amend, add to or revoke rules governing the procedure of the
Assembly.
Article 61
Powers, privileges and  immunities of the Assembly and its members
1. The Members of the Assembly shall be immune from legal action for any acts of omission or
commission in the discharge of their functions under this Treaty.
2. The Community may, for the orderly and effec tive discharge of the business of the Assembly,
enact legislation for the powers, privileges and immunities of the Assembly, its Committees and
members.
Article 62
Acts of the Community
1. The enactment of legislation of the Community shall be effected by means of Bills passed by
the Assembly and assented to by the Heads of State, and every Bill that has been duly passed and
assented to shall be styled an Act of the Community.
2. When a Bill has been duly passed by the Assembly the Speaker of the Assembly shall submit
the Bill to the Heads of State for assent.
3. Every Bill that is submitted to the Heads of State under paragraph 2 of this Article shall
contain the following words of enactment:
- Enacted by the East African Community and assented to  by the President of the
Republic of Kenya, the President of the Republic of Uganda and the President of theUnited Republic of Tanzania.
Article 63
Assent to Bills
1. The Heads of State may assent to or withhold assent to a Bill of the Assembly.2. A Bill that has not received assent as provided for in paragraph 1 of  this Article within three
months from the date on which it was passed by the Assembly shall be referred back to the Assembly,giving reasons, and with a request that the Bill or a particular provision thereof be reconsidered by the
Assembly.WT/COMTD/25
Page 31
3. If the Assembly discusses and approves the Bill, the Bill shall be re-submitted to the Heads of
State for assent.
4. If a Head of State withholds assent to a re-submitted Bill, the Bill shall lapse.
Article 64
Publication of Acts of the Community
The Secretary General  shall cause every Act of the  Community to be published in the
Gazette.
Article 65
Relations between the Assembly and the National Assemblies of the Partner States
In pursuance of the policy of the Community  of popular participation in the achievement of
its objectives and so that the Council may be able to  take into account in the exercise of its functions,
the opinion of the general public in the Partner States on matters relating to the achievement of the
objectives of the Community as expressed through the debates of the elected members of their
National Assemblies, and those of the Assembly and to foster co-operation between the Assembly and
the National Assemblies of the Partner States hereinafter referred to as "the National Assemblies":
(a) the Clerk of the Assembly shall as soon as practicable transmit to the Clerks of the
National Assemblies copies of the records of all relevant debates of the meetings of
the  Assembly to be laid before the National Assemblies, by the respective Ministers
responsible for regional co-operation,  for information;
(b) the Clerk of the Assembly shall as soon as practicable transmit to the Clerks of the
National Assemblies copies of the Bills introduced into the Assembly and Acts of the
Community to be laid before the National Assemblies for information;
(c) the Clerks of the National Assemblies shall as soon as practicable transmit to the
Clerk of the Assembly copies of the records of all relevant debates of the meetings oftheir National Assemblies other than those with respect to the matters laid before their
National Assemblies in pursuance of the provisions of sub-paragraph (a) of this
paragraph; and
(d) the Clerk of the Assembly shall as soon as practicable transmit to the Secretary
General copies of all the records of debate referred to in sub-paragraphs (a) and (b) of
this paragraph for information to the Council.WT/COMTD/25
Page 32
CHAPTER 10
The Secretariat and Staff of the Community
Article 66
Establishment of the Secretariat
1. The Secretariat shall be the executive organ of the Community.2. There shall be the following offices in the service of the Community:
(a) Secretary General;
(b) Deputy Secretaries General;
(c) Counsel to the Community; and
(d) such other offices as may be deemed necessary by the Council.
Article 67
Secretary General
1. The Secretary General shall be appointed by the Summit upon nomination by the relevant
Head of State under the principle of rotation.
2. Upon the appointment of the Secretary General the Partner State from which he or she is
appointed shall forfeit the post of Deputy Secretary General.
3. The Secretary General shall be the principal executive officer of the Community and shall:
(a) be the head of the Secretariat;
(b) be the Accounting Officer of the Community;
(c) be the Secretary of the Summit; and
(d) carry out such other duties as are conferred upon him by this Treaty or by the Council
from time to time.
4. The Secretary General shall serve a fixed five year term.5. The terms and conditions of service of the Secretary General shall be determined by the
Council and approved by the Summit.
Article 68
Deputy Secretaries General
1. The Council shall determine the number of Deputy Secretaries General.2. The Deputy Secretaries General shall be appointed by the Summit on recommendations of the
Council and on a rotational basis.
3. The Deputy Secretaries General shall:
(a) deputise for the Secretary General; and
(b) perform such other duties as may be prescribed by the Council.WT/COMTD/25
Page 33
4. The Deputy Secretaries General shall each serve a three year term, renewable once.
5. The terms and conditions of service of the Deputy Secretaries General shall be determined by
the Council and approved by the Summit.
Article 69
Counsel to the Community
1. There shall be a Counsel to the Community who shall be the principal legal adviser to the
Community.
2. The Counsel to the Community shall perform such duties as are conferred upon him or her by
this Treaty and by the Council.
3. The Counsel to the Community shall be appointed on contract and in accordance with the
staff rules and regulations and terms and conditions of service of the Community.
4. The other terms and conditions of service of the Counsel to the Community shall be
determined by the Council.
Article 70
Other officers and staff of the Secretariat
1. There shall be such other officers and staff in the service of the Community as the Council
may determine.
2. All staff of the Secretariat shall be appointed on contract and in accordance with staff rules
and regulations and terms and conditions of service of the Community.
3. The salaries, job design and other terms and conditions of service of the staff in the service of
the Community shall be determined by the Council.
Article 71
Functions of the Secretariat
1. The Secretariat shall be responsible for:
(a) initiating, receiving and submitting recommendations to the Council, and forwarding
of Bills to the Assembly through the Co-ordination Committee;
(b) the initiation of studies and research related to, and the implementation of,
programmes for the most appropriate, expeditious and efficient ways of achieving the
objectives of the Community;
(c) the strategic planning, management and monitoring of programmes for the
development of the Community;WT/COMTD/25
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(d) the undertaking either on its own initiative or otherwise, of such investigations,
collection of information, or verification of matters relating to any matter affecting
the Community that appears to it to merit examination;
(e) the co-ordination and harmonization of the policies and strategies relating to the
development of the Community through the Co-ordination Committee;
(f) the general promotion and dissemination of information on the Community to the
stakeholders, the general public and the international community;
(g) the submission of reports on the activities of the Community to the Council through
the Co-ordination Committee;
(h) the general administration and financial management of the Community;(i) the mobilisation of funds from development partners and other sources for the
implementation of projects of the Community;
(j) subject to the provisions of this Treaty, the submission of the budget of the
Community to the Council for its consideration;
(k) proposing draft agenda for the meetings of the organs of the Community other than
the Court and the Assembly;
(l) the implementation of the decisions of the Summit and the Council;(m) the organization and the keeping of records of meetings of the institutions of the
Community other than those of the Court and the Assembly;
(n) the custody of the property of the Community;(o) the establishment of practical working relations with the Court and the Assembly; and(p) such other matters that may be provided for under this Treaty.
2. For the purposes of paragraph 1 of this Article, the Secretary General shall where he or she
thinks it appropriate, act on behalf of the Secretariat.
3. The Deputy Secretaries General shall assist the Secretary General in the discharge of his or
her functions.
4. The Counsel to the Community shall be the principal legal adviser to the Community in
connection with matters pertaining to this Treaty and the Community and he or she shall by virtue of
this paragraph be entitled to appear in the Courts of the Partner States in respect of matters pertainingto the Community and this Treaty.
Article 72
Relationship between the Secretariat and the Partner States
1. In the performance of their functions, the staff of the Community shall not seek or receive
instructions from any Partner State or from any othe r authority external to the Community.  They shallWT/COMTD/25
Page 35
refrain from any actions which may adversely reflect on their position as international civil servants
and shall be responsible only to the Community.
2. A Partner State shall not, by or under any law of that Partner State, confer any power or
impose any duty upon an officer, organ or institution of the Community as such, except with the priorconsent of the Council.
3. Each Partner State undertakes to respect the international character of the responsibilities of
the institutions and staff of the Community and shall not seek to influence them in the discharge of
their functions.
4. The Partner States agree to co-operate with and assist the Secretariat in the performance of its
functions as set out in Article 71 of this Treaty and agree in particular to provide any information
which the Secretariat may request for the purpose of discharging its functions.
Article 73
Immunities
1. Persons employed in the service of the Community:
(a) shall be immune from civil process with respect to omissions or  acts performed by
them in their official capacity; and
(b) shall be accorded immunities from immigration restrictions and alien registration.
2. Experts or consultants rendering services to the Community and delegates of the Partner
States while performing services to the Community or while in transit in  the Partner States to perform
the services of the Community shall be accorded such immunities and privileges in the Partner States
as the Council may determine.
CHAPTER 11
Co-operation in Trade Liberalization and Development
Article 74
East African Trade Regime
In order to promote the achievement of the objectives of the Community as set out in Article 
of this Treaty, and in furtherance of Article 2 of this Treaty, the Partner States shall develop and adopt
an East African Trade Regime and co-operate in trade liberalisation and development in accordancetherewith.WT/COMTD/25
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Article 75
Establishment of a Customs Union
1. For purposes of this Chapter, the Partner States agree to establish a Customs Union details of
which shall be contained in a Protocol which shall, inter alia , include the following:
(a) The application of the principle of asymmetry;
(b) The elimination of internal tariffs and other charges of equivalent effect;
(c) The elimination of non-tariff barriers;
(d) Establishment of a common external tariff;
(e) Rules of origin;(f) Dumping;
(g) Subsidies and countervailing duties;
(h) Security and other restrictions to trade;
(i) Competition;
(j) Duty drawback, refund and remission of duties and taxes;(k) Customs co-operation;
(l) Re-exportation of goods; and
(m) Simplification and harmonization of trade documentation and procedures.
2. The establishment of the Customs Union shall be progressive in the course of a transitional
period as shall be determined by the Council.
3. For purposes of this Article, the Council may establish and confer powers and authority upon
such institutions as it may deem necessary to administer the Customs Union.
4. With effect from a date to be determined by the Council, the Partner States shall not impose
any new duties and taxes or increase existing ones in respect of products traded within the
Community and shall transmit to the Secretariat all in formation on any tariffs for study by the relevant
institutions of the Community.
5. Except as may be provided for or permitted under this Treaty, the Partner States agree to
remove all the existing non-tariff barriers on the importation into their territory of goods originatingfrom the other Partner States and thereafter to refrain from imposing any further non-tariff barriers.
6. The Partner States shall refrain from enacting legislation or applying administrative measures
which directly or indirectly discriminate against the same or like products of other Partner States.
7. For purposes of this Article, the Partner States shall within a period of four years conclude the
Protocol on the Establishment of a Customs Union.
Article 76
Establishment of a Common Market
1. There shall be established a Common Market among the Partner States.  Within the Common
Market, and subject to the Protocol provided for in paragraph 4 of this Article, there shall be free
movement of labour, goods, services, capital, and the right of establishment.
2. The establishment of the Common Market shall be progressive and in accordance with
schedules approved by the Council.WT/COMTD/25
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3. For purposes of this Article, the Council may establish and confer powers and authority upon
such institutions as it may deem necessary to administer the Common Market.
4. For the purpose of this Article, the Partner States shall conclude a Protocol on a Common
Market.
Article 77
Measures to address imbalances arising from the application of the provisions
for the establishment of a Customs Union and a Common Market
For purposes of this Article, the Partner States shall within the framework of the Protocols
provided for under Articles 75 and 76 of this Treaty, take measures to address imbalances that may
arise from the application of the provisions of this Treaty.
Article 78
Safeguard clause
1. In the event of serious injury occurring to the economy of a Partner State following the
application of the provisions of this Chapter, the Partner State concerned shall, after informing the
Council through the Secretary General and the other Partner States, take necessary safeguardmeasures.
2. The Council shall examine the method and effect of the application of existing safeguard
measures and take decisions thereon.
CHAPTER 12
Co-operation in Investment and Industrial Development
Article 79
Industrial development
In order to promote the achievement of the objectives of the Community as set out in
Article 5 of this Treaty, the Partner States shall take such steps in the field of industrial development
that will:
(a) promote self-sustaining and balanced industrial growth;(b) improve the competitiveness of the industrial sector so as to enhance the expansion of
trade in industrial goods within the Community and the export of industrial goodsfrom the Partner States in order to achieve the structural transformation of the
economy that would foster the overall socio-economic development in the Partner
States; and
(c) encourage the development of indigenous entrepreneurs.WT/COMTD/25
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Article 80
Strategy and priority areas
1. For purposes of Article 79 of this Treaty, the Partner States shall take measures to:
(a) develop an East African Industrial Development Strategy;(b) promote linkages among industries within the Community through diversification,
specialisation and complementarity, in order to enhance the spread effects of
industrial growth and to facilitate the transfer of technology;
(c) facilitate the development of:
(i) small-and-medium scale industries including sub-contracting and other
relations between larger and smaller firms;
(ii) basic capital and intermediate goods industries for the purposes of obtaining
the advantages of economies of scale; and
(iii) food and agro industries;
(d) rationalise investments and the full use of  established industries so as to promote
efficiency in production;
(e) promote  industrial research and development and  the transfer, acquisition, adaptation
and development of modern technology, training, management and consultancyservices through the establishment of joint industrial  institutions and other
infrastructural facilities;
(f) harmonize and rationalise investment incentives including those relating to taxation
of  industries particularly those that use local materials and labour with a view to
promoting the Community as a single investment area;
(g) disseminate and exchange industrial and technological information;
(h) avoid double taxation; and(i) maintain the standardisation, quality assurance, metrology and testing currently
applicable and such other standards as may be adopted by the Council after the
signing of this Treaty for goods and services produced and traded among the Partner
States pending the conclusion of a protocol under paragraph 4 of Article 81 of this
Treaty.
2. The Partners States shall take such other measures for the purposes of Article 79  of this
Treaty as the Council may determine.WT/COMTD/25
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CHAPTER 13
Co-operation in Standardization, Quality Assurance, Metrology and Testing
Article 81
Standardisation, quality assurance, metrology and testing
1. The Partner States agree that standardisation, quality assurance, metrology and testing can
facilitate sustainable modernisation in the Community.
2. The Partner States also recognise the significance of standardisation, quality assurance,
metrology and testing in the enhancement of the st andard of living, reduction of unnecessary variety
of products, the facilitation of interchangeability of products, the promotion of trade and investment,
consumer protection, the enhancement of savings in public and private purchasing, improved
productivity, the facilitation of information exchange, the promotion of health as well as the
protection of life, property, and the environment.
3. The Partner States undertake to evolve and apply a common policy for the standardisation,
quality assurance, metrology and testing of goods and services produced and traded within the
Community.
4. The Partner States agree to conclude a protocol on Standardisation, Quality Assurance,
Metrology and Testing for the goods and services produced and traded in the Community.
CHAPTER 14
Monetary and Financial Co-operation
Article 82
Scope of co-operation
1. In order to promote the achievement of  the objectives of the Community as set out in
Article 5 of this Treaty, the Partner States undertake to co-operate in monetary and fiscal matters in
accordance with the approved macro-economic policies harmonization programmes and convergence
framework  of the Community in order to establish monetary stability within the Community aimed at
facilitating economic integration efforts and the attainment of sustainable economic development ofthe Community.  To this end, the Partner States shall:
(a) Co-operate in monetary and financial matters and maintain the convertibility of their
currencies as a basis for the establishment of a Monetary Union;
(b) harmonize their macro-economic policies especially in exchange rate policy, interest
rate policy, monetary and fiscal  policies; and
(c) remove obstacles to the free movement of goods, services and capital within the
Community.WT/COMTD/25
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2. The Partner States shall in order to implement the provisions of paragraph 1 of this Article,
inter alia :
(a) maintain the existing convertibility of their currencies to promote the use of national
currencies in the settlement of payments for all transactions among the Partner Statesthereby economising on the use of foreign currency;
(b) take measures that would facilitate trade and capital movement within the
Community;
(c) develop, harmonize and eventually  integrate the financial systems of the Partner
States; and
(d) implement the provisions of this Treaty relating to monetary and financial co-
operation.
Article 83
Monetary and fiscal policy harmonization
1. The Partner States undertake to adopt  policy measures in accordance with an agreed
macro-economic policy framework.
2. For the purposes of paragraph 1 of this Article, the Partner States undertake to:
(a) remove all exchange restrictions on imports and exports within the Community;
(b) maintain free market determined exchange rates and enhance the levels of their
international reserves;
(c) adjust their fiscal policies and net domestic credit to the government to ensure
monetary stability and the achievement of sustained economic growth;
(d) liberalise their financial sectors by freeing and deregulating interest rates with a view
to achieving positive real interest rates in order to promote savings for investmentwithin the Community and to enhance competition and efficiency in their financial
systems;  and
(e) harmonize their tax policies with a view to removing tax distortions in order to bring
about a more efficient allocation of resources within the Community.
Article 84
Macro-economic co-ordination within the Community
1. The Partner States shall co-ordinate through the Council their  macro-economic policies and
economic reform programmes with a view to pr omoting the socio-economic development of the
Community.
2. In order to achieve balanced development within the Community, the Partner States undertake
to evolve policies designed to improve their resource and production base.WT/COMTD/25
Page 41
Article 85
Banking and capital market development
The Partner States undertake to implement within the Community, a capital market
development programme to be determined by the Council and shall create a conducive environment
for the movement of capital within the Community. To this end, the Partner States shall:
(a) take steps to achieve wider monetization of the region's economies under a liberalised
market economy;
(b) harmonize their banking Acts;(c) harmonize capital market policies on cross-border listing, foreign portfolio investors,
taxation of capital market transactions, accounting, auditing and financial reporting
standards, procedures for setting commissions and other charges;
(d) harmonize the regulatory and legislative frameworks and regulatory structures;
(e) harmonize and implement common standards for market conduct;(f) harmonize policies impacting on capital markets, particularly the granting of
incentives for the development of capital markets within the region;
(g) promote co-operation among the stock-exchanges and capital markets and securities
regulators within the region through mutual assistance and the exchange of
information and training;
(h) promote the establishment of a regional stock exchange within the Community with
trading floors in each of the Partner States;
(i) ensure adherence by their appropriate national authorities to harmonized stock trading
systems, the promotion of monetary instruments and to permitting residents of the
Partner States to acquire and negotiate monetary instruments freely within theCommunity;
(j) establish within the Community a cross listing of stocks, a rating system of listed
companies and an index of trading performance to facilitate the negotiation and sale
of shares within and external to the Community; and
(k) institute measures to prevent money laundering activities.
Article 86
Movement of capital
The Partner States shall in accordance with the time table to be determined by the Council ,
permit the free movement of capital within the Community, develop, harmonize and eventually
integrate their financial systems.  In this regard, the Partner States shall:
(a) ensure the unimpeded flow of capital within the Community through the removal of
controls on the transfer of capital among the Partner States;WT/COMTD/25
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(b) ensure that the citizens of and persons resident in a Partner State are allowed to
acquire stocks, shares and other securities or to invest in enterprises in the other
Partner States; and
(c) encourage cross-border trade in financial instruments .
Article 87
Joint project financing
1. The Partner States undertake to co-operate in financing projects jointly in each other's
territory, especially those that facilitate integration within the Community.
2. The Partner States undertake to co-operate in the mobilisation of foreign capital for the
financing of national and joint projects.
Article 88
Safeguard measures
The Council may approve measures  designed to remedy any adverse effects a Partner State
may experience by reason of the implementation of the provisions of this Chapter, provided that sucha Partner State shall furnish to the Council proof that it has taken all reasonable steps to overcome the
difficulties, and that such measures are applied on a non-discriminatory basis.
CHAPTER 15
Co-operation in Infrastructure and Services
Article 89
Common transport and communications policies
In order to promote the achievement of the objectives of the Community as set out in
Article 5 of this Treaty, the Partner States undertake to evolve co-ordinated, harmonized and
complementary transport and communications policies; improve and expand the existing transport and
communication links; and  establish new ones as a means of furthering the physical cohesion of the
Partner States, so as to facilitate and promote the movement of traffic within the Community.  To thisend, the Partner States shall take steps, inter alia, to:
(a) develop harmonized standards and regulatory laws, rules, procedures and practices;(b) construct, maintain, upgrade, rehabilitate and integrate roads, railways, airports,
pipelines  and harbours in their territories;
(c) review and re-design their intermodal transport systems and develop new routes
within the Community for the transport of the type of goods and services produced in
the Partner States;
(d) maintain, expand and upgrade communication facilities to enhance interaction
between persons and businesses in the Partner States and promote the full
exploitation of the market and investment opportunities created by the Community;WT/COMTD/25
Page 43
(e) grant special treatment to land-locked Partner States in respect of the application of
the provisions of this Chapter;
(f) provide security and protection to transport systems to ensure the smooth movement
of goods and persons within the Community;
(g) take measures directed towards the harmonization and joint use of facilities and
programmes within their existing national in stitutions for the training of personnel in
the field of transport and communications; and
(h) exchange information on technological developments in transport and
communications.
Article 90
Roads and road transport
The Partner States shall:(a) take measures to ratify or accede to international conventions on road traffic and road
signs and signals and take such steps as may be necessary to implement theseconventions;
(b) harmonize their traffic laws, regulations and highway codes  and adopt a common
definition of classes of roads and route numbering systems;
(c) harmonize the provisions of their laws concerning licensing, equipment, markings
and registration numbers of vehicles  for travel and transport within the Community;
(d) adopt common standards for vehicle construction, vehicle inspection and vehicle
inspection centres;
(e) adopt common standards and regulations for driver training and licensing;
(f) adopt common requirements  for the insurance of goods and vehicles;
(g) adopt common regulations governing speed limits on urban roads and highways;(h) adopt and establish common road safety regulations, accident rescue, first aid,
medical care and post-trauma systems within the Community;
(i) prescribe minimum safety requirements for packaging, loading and transporting of
dangerous substances;
(j) establish common measures for the facilitation of road transit traffic;
(k) harmonize rules and regulations concerning special transport requiring security;(l) adopt common rules and regulations governing the dimensions, technical
requirements, gross weight and load per axle of vehicles used in trunk roads within
the Community;WT/COMTD/25
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(m) co-ordinate activities with respect to the construction of trunk roads connecting the
Partner States to common standards of design and in the maintenance of existing road
networks to such standards as will enable the carriers of other Partner States to
operate to and from their territories efficiently;
(n) co-ordinate their activities in the maintenance, rehabilitation, upgrading and
reconstruction of the trunk road networks connecting the Partner States and ensure
that such road networks once rehabilitated will not be allowed to disintegrate;
(o) adopt a co-ordinated approach in the implementation of trunk road projects
connecting the Partner States;
(p) agree on common policies and standards for the manufacture and the maintenance of
road transport equipment;
(q) establish common road design and construction standards for the trunk roads
connecting the Partner States and promote the use, as much as possible, of localmaterials and resources;
(r) adopt common and simplified documentation procedures for road transportation
within the Community and harmonize road transit charges;
(s) gradually reduce and finally eliminate non-physical barriers to road transport within
the Community;
(t) ensure that common carriers from other Partner States have the same opportunities
and facilities as common carriers in their territories in the undertaking of transportoperations within the Community;
(u) ensure that the treatment of motor transpor t operators engaged in  transport within the
Community from other  Partner States is not le ss favourable than that accorded to the
operators of similar transport from their own territories;
(v) make road transport efficient and cost effective by promoting competition and
introducing regulatory framework to facilitate the road haulage industry operations;
(w) exchange information and experience on issues common to roads and road transport
within the Community; and
(x) encourage the use and development of low cost and non-motorised transport in the
Community's transport policies.
Article 91
Railways and rail transport
1. The Partner States agree to establish and maintain co-ordinated railway services that would
efficiently connect the Partner States within the  Community and, where necessary, to construct
additional railway connections.WT/COMTD/25
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2. The Partner States shall, in particular:
(a) adopt common policies for the development of railways and railway transport in the
Community;
(b) make their railways more efficient and competitive through, inter alia,  autonomous
management and improvement of infrastructure;
(c) adopt common safety rules, regulations and requirements with regard to signs,
signals, rolling stock, motive power and related equipment and the transport of
dangerous substances;
(d) adopt measures for the facilitation, harmonization and rationalisation of railway
transport within the Community;
(e) harmonize and simplify documents required for railway transport within the
Community;
(f) harmonize procedures with respect to the packaging, marking and loading of goods
and wagons for railway transport within the Community;
(g) agree to charge non-discriminatory tariffs in respect of goods transported by railway
within the Community;
(h) consult each other on proposed measures that may affect  railway transport within the
Community;
(i) integrate the operations of their railway administrations including the synchronisation
of train schedules and the operations of unit trains;
(j) establish common standards for the construction and maintenance of railway
facilities;
(k) agree on common policies for the manufactur e of railway transport equipment and
railway facilities;
(l) agree to allocate space for the storage of goods transported by railway from each
other  within their goods sheds;
(m) take measures to facilitate thorough working of trains within the Community;
(n) facilitate the deployment of railway rolling stock, motive power and related
equipment for the conveyance of goods to and from each other without
discrimination;
(o) endeavour to maintain the existing physical facilities of their railways to such
standards as will enable the Partner States to operate their own systems within the
Community in an efficient manner;
(p) provide efficient railway transport services among the Partner States on a non-
discriminatory basis;WT/COMTD/25
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(q) facilitate joint utilisation of railway facilities including manufacture, maintenance and
training facilities to ensure their optimal use; and
(r) promote co-operation in the fields of research and exchange of information.
Article 92
Civil aviation and civil air transport
1. The Partner States shall harmonize their policies on civil aviation to promote the development
of safe, reliable, efficient and economically viable civil aviation with a view to developing appropriate
infrastructure, aeronautical skills and technology, as well as the role of aviation in support of othereconomic activities.
2. The Partner States shall take necessary steps to facilitate the establishment of joint air services
and the efficient use of aircraft as steps towards the enhancement of air transportation within the
Community.
3. The Partner States shall in particular:
(a) adopt common policies for the development of civil  air transport in the Community in
collaboration with other relevant international organizations including the AfricanCivil Aviation Commission (AFCAC), the African Airlines Association (AFRAA),
the International Air Transport Association (IATA), and  International Civil Aviation
Organization (ICAO);
(b) undertake to make civil  air transport services safe,  efficient and profitable through,
inter alia, autonomous management;
(c) liberalise the granting of  air traffic rights for passengers and cargo operations with a
view to increasing efficiency;
(d) harmonize civil aviation rules and regulations by implementing the provisions of the
Chicago Convention on International Civil Aviation, with particular reference to
Annex 9 thereof;
(e) establish a Unified Upper Area Control system;(f) establish common measures for the facilitation of passenger and cargo air services in
the Community;
(g) co-ordinate the flight schedules of their designated airlines;(h) consider ways to develop, maintain and co-ordinate in common, their navigational,
communications and meteorological facilities for the provision of safe air navigationand the joint management of their air space;
(i) encourage the joint use of maintenance and overhaul facilities and other services for
aircraft, ground handling equipment and other facilities;
(j) agree to take common measures for the control and protection of the air space of the
Community;WT/COMTD/25
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(k) apply the ICAO policies and guidelines in  determining user charges and apply the
same rules and regulations relating to scheduled air transport services among
themselves;
(l) adopt common aircraft standards and technical specifications for the types of aircraft
to be operated in the Community; and
(m) co-ordinate measures and co-operate in the maintenance of the high security required
in respect of air services operations and operate joint search and rescue operations.
Article 93
Maritime transport and ports
The Partner States shall:
(a) promote the co-ordination and harmonization of their maritime transport policies and
establish  a common maritime transport policy;
(b) promote the development of efficient and profitable sea port services through the
liberalisation and commercialisation of port operations;
(c) make rational use of existing port installations;
(d) in the case of the coastal Partner States, co-operate with the land-locked Partner
States and grant them easy access to port facilities and opportunities to participate in
provision of port and maritime services;
(e) take measures to ratify or accede to international conventions on maritime transport;
(f) establish a harmonious traffic organization system for the optimal use of maritime
transport services;
(g) co-operate in the elaboration and application of measures to facilitate the arrival, stay
and departure of vessels;
(h) promote co-operation among their port authorities in the management and operations
of their ports and maritime transport so as to facilitate the efficient movement of
traffic between their territories;
(i) agree to charge non-discriminatory tariffs in respect of goods from their territories
and goods from other Partner States, except where their goods enjoy domestic
transport subsidies, and apply the same rules and regulations in respect of maritime
transport among themselves without discrimination;
(j) agree to allocate space on board their ships for goods consigned to or from the
territories of other Partner States;
(k) install and maintain efficient cargo handling equipment, cargo storage facilities and
general operations and train related manpower and where feasible shall undertakethese jointly;
(l) agree to allocate adequate space for the storage of goods traded among themselves;WT/COMTD/25
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(m) co-ordinate measures with respect to, and co-operate in the maintenance of, the safety
of maritime transport services, including joint search and rescue operations;
(n) provide adequate facilities with good communication systems that would receive and
respond to signals promptly;
(o) inter-connect their national communication systems so as to identify polluted points
in oceans for concerted marine pollution control;
(p) encourage their respective national shipping lines to form international shipping
associations;
(q) review their national maritime legislation in accordance with the existing
international maritime conventions.
Article 94
Inland waterways transport
The Partner States shall:
(a) harmonize their inland waterways transport policies and shall adopt, harmonize and
simplify rules, regulations and administrative procedures governing waterways
transport on their common navigable inland waterways;
(b) install and maintain efficient cargo handling equipment, cargo storage facilities and
general operations and train related manpower resources and where possible shallundertake these jointly;
(c) encourage joint use of maintenance facilities;(d) harmonize tariffs structure for waterways transport on their common navigable inland
waterways;
(e) adopt common rules to govern the packaging, marking, loading and other procedures
for waterways transport on their common navigable inland waterways;
(f) agree to charge the same tariffs in respect of goods transported within the Community
and apply the same rules and regulations in respect of inland waterways transportamong themselves without discrimination;
(g) agree to provide space without discrimination on board vessels registered in their
territories for goods consigned to and from their territories;
(h) wherever possible, promote co-operation among themselves by undertaking joint
ventures in inland waterways transport incl uding the establishment of joint shipping
services;
(i) co-ordinate measures with respect to, and co-operate in the maintenance of, safety in
inland waterways transport services including the provision and maintenance of
communication equipment to receive distress positions promptly and joint search and
rescue operations ;WT/COMTD/25
Page 49
(j) facilitate the deployment of inland waterways vessels and equipment for efficient
conveyance of all classes of traffic to and from each Partner State;
(k) integrate efforts to control and eradicate the water hyacinth menace and its effects on
inland waterways transport;
(l) facilitate joint studies in the use and management of inland waterways;(m) provide regional training and research facilities for the promotion and development of
marine operations and meteorology;
(n) undertake joint surveying, mapping and production of navigational charts and
provision of navigational aids;
(o) facilitate provision of adequate meteorological equipment, communication and safety
facilities to vessels plying the lakes within the Partner States;
(p) jointly tackle issues on inland water pollution with a view to achieving effective
monitoring and control thereof;
(q) jointly explore utilisation of unexploited inland waterways transport resources and
tackle matters related to shipping and port services; and
(r) harmonize national policies on inland waterways transport.
Article 95
Multimodal transport
The Partner States shall:
(a) harmonize and simplify regulations, goods classification, procedures and documents
required for multimodal transport within the Community;
(b) apply uniform rules and regulations with respect to the packaging, marking and
loading of goods;
(c) provide where feasible, technical and other facilities for direct trans-shipment of
goods at main trans-shipment points including intermodal cargo exchange points,inland clearance depots, dry ports or inland container depots;
(d) agree to allocate multimodal transport facilities for goods consigned to or from the
Partner States;
(e) take measures to ratify or accede to international conventions on multimodal transport
and containerisation and take such steps as may be necessary to implement them; and
(f) promote communication and information exchange to enhance the efficiency of
multimodal transport.WT/COMTD/25
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Article 96
Freight booking centres
The Partner States shall encourage the establishment of  freight booking centres.
Article 97
Freight forwarders, customs clearing agents and shipping agents
1. The Partner States shall harmonize the requirements for registration and licensing of freight
forwarders, customs clearing agents and shipping agents.
2. The Partner States shall allow any person to register, and be licensed, as a freight forwarder,
customs clearing agent and shipping agent, provided that, that person fulfills the legal and customs
requirements of that Partner State.
3. The Partner States shall not restrict the commercial activities, rights and obligations of a
lawfully registered and licensed freight forwarder or clearing agent.
Article 98
Postal services
The Partner States shall harmonize their policies on postal services and promote close co-
operation between their postal administrations and devise ways and means to achieve fast, reliable,
secure, economic and efficient services among themselves through:
(a) strengthening of postal sorting, routing, transit and distribution centres within the
Community;
(b) pooling financial, technical and human resources to modernise, mechanise and
automate mail and postal financial services so as to provide timely and efficient
services to postal users or customers  and, further introduce value-added postalservices thus turning postal outlets one-shop for communication services;
(c) adopting competitive marketing strategies to increase market shares in the
international courier services  and further introduce on-line track and trace system
Electronic Data Inter-Change (EDI) for customer information and expedited inquiryhandling systems;
(d) conducting joint market research activities with a view to launching new postal
products or services;
(e) introducing appropriate postal security systems and procedures in the postal
networks; and
(f) co-operating in the development and design of relevant human resources training and
development programmes.WT/COMTD/25
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Article 99
Telecommunications
The Partner States shall:(a) adopt common telecommunications policies to be developed within the Community
in collaboration with other relevant international organizations including the
Pan-African Telecommunications Union (PATU),  International Telecommunications
Union (ITU), Regional African Satellite Communication (RASCOM), International
Telecommunication Satellite Organization (INTELSAT), International Maritime
Satellite Organization (INMARSAT), Commonwealth TelecommunicationsOrganization (CTO) and other related organizations;
(b) improve and maintain inter-connectivity and modernize equipment to meet the
common standards required for efficient telecommunications traffic within the
Community;
(c) harmonize and apply non-discriminatory tariffs among themselves and where
possible, agree on preferential tariff treatment applicable within the Community;
(d) co-operate and co-ordinate their activities in the maintenance of telecommunications
facilities including training and the exchange of manpower;
(e) encourage co-operation in local manufacturing of info-telecommunication equipment,
research and development;
(f) facilitate a conducive environment to promote private sector investors in the info-
telecommunication equipment within the Community; and
(g) adopt a common frequency management and monitoring scheme, assign mutually
agreed upon frequencies for cross-border mobile radio communications and issue
operating licences agreed upon by the Partner States.
Article 100
Meteorological services
1. Each Partner State shall collect and disseminate to the other Partner States meteorological
information in order to facilitate the efficient operation of air navigation, coastal shipping, inland
waterways transport and the issuing of cyclone warnings and other adverse weather phenomena and
co-operate in the following areas :
(a) Expansion and upgrading of meteorological observations network and
telecommunications;
(b) Training and research in meteorology, by using common facilities such as the
Regional Meteorology Training Centre (R MTC), Drought Monitoring Centre (DMC)
and other similar institutions;
(c) Provision of meteorological services which would include the exchange of
observations and products for safety of air navigation, coastal shipping, inlandWT/COMTD/25
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waterways and transport as well as meteorological support to key sectors of the
economy which include agriculture, water resources, tourism and construction;
(d) Support to early warning systems and remote sensing for food security;
(e) Meteorological support to environment management;
(f) Harmonization of policies for the provision of meteorological services;(g) Co-operation in human resources development and information exchange; and(h) Climate analysis and seasonal forecast.
2. The Partner States shall co-operate and support each other in all activities of the World
Meteorological Organization (WMO)  affecting the interests of the Community especially the
monitoring of the atmospheric and climatic changes on the planet.
3. The Partner States shall exchange information and expertise concerning new developments in
meteorological science and technology including the calibration and comparison of instruments.
Article 101
Energy
1. The Partner States shall adopt policies and mechanisms to promote the efficient exploitation,
development, joint research and utilisation of various energy resources available within the region.
2. For the purposes of paragraph 1 of this Article, the Partner States shall in particular promote
within the Community:
(a) the least cost development and transmission of electric power, efficient  exploration
and exploitation of fossil fuels and utilisation of new and renewable energy sources;
(b) the joint planning, training and research in, and the exchange of information on the
exploration, exploitation, development and utilisation of available energy resources;
(c) the development of integrated policy on rural electrification;(d) the development of inter-Partner State electrical grid inter-connections;(e) the construction of oil and gas pipelines; and(f) all such other measures to supply affordable energy to their people taking cognisance
of the protection of the environment as provided for by this Treaty.WT/COMTD/25
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CHAPTER 16
Co-operation in the Development of Human Resources,
Science and Technology
Article 102
Education and training
1. In order to promote the achievement of the objectives of the Community as set out in
Article 5 of the Treaty, the Partner States agree to undertake concerted measures to foster
co-operation in education and training within the Community.
2. The Partner States shall, with respect to education and training
(a) co-ordinate their human resources development policies and programmes;
(b) strengthen existing and where necessary establish new common research and training
institutions;
(c) co-operate in industrial training;
(d) develop such common programmes in basic, intermediary and tertiary education and
a general programme for adult and continuing education in the Partner States as
would promote the emergence of well trained personnel in all sectors relevant to the
aims and objectives of the Community;
(e) harmonize curricula, examination, certification and accreditation of education and
training institutions in the Partner States through the joint action of their relevant
national bodies charged with the preparation of such curricula;
(f) revive and enhance the activities of the Inter-University Council for East Africa;(g) encourage and support the mobility of students and teachers within the Community;(h) exchange information and experience on issues common to the educational systems
of the Partner States;
(i) collaborate in putting in place education and training programmes for people with
special needs and other disadvantaged groups;
(j) encourage and support the participation of the private sector in the development of
human resources through education and training; and
(k) identify and develop centres of excellence in the region including universities.
3. For the purposes of paragraph 1 of this Article, the Partner States shall undertake such
additional activities in respect of the development of human resources as the Council may determine.WT/COMTD/25
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Article 103
Science and technology
1. Recognising the fundamental importance of science and technology in economic
development, the Partner States undertake to promote co-operation in the development of science and
technology within the Community through:
(a) the joint establishment and support of scientific and technological research and of
institutions in the various disciplines  of science and technology;
(b) the creation of a conducive environment for the promotion of science and technology
within the Community;
(c) the encouragement of the use and development of indigenous science and
technologies;
(d) the mobilisation of technical and financial support from local and foreign sources and
from international organizations or agencies for the development of science and
technology in the Community;
(e) the exchange of scientific information, personnel and the promotion and publication
of research and scientific findings;
(f) the collaboration in the training of personnel in the various scientific and
technological disciplines at all levels using existing institutions and newly established
ones;
(g) the promotion, development and application of information technology and other new
ones throughout the Community;
(h) establishment of common ethical guidelines for research; and(i) the harmonization of policies on commercialisation of technologies and promotion
and protection of intellectual property rights
2. For purposes of paragraph 1 of this Article, the Partner States shall undertake such additional
activities with regard to science and technology as the Council may determine.
CHAPTER 17
Free Movement of Persons, Labour, Services, Right of
Establishment and Residence
Article 104
Scope of co-operation
1. The Partner States agree to adopt measures to achieve the free movement of persons, labour
and services and to ensure the enjoyment of the right of establishment and residence of their citizens
within the Community.WT/COMTD/25
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2. For purposes of paragraph 1 of this Article, the Partner States agree to conclude a Protocol on
the Free Movement of Persons, Labour, Services an d Right of Establishment and Residence at a time
to be determined by the Council.
3. The Partner States shall as may be determined by the Council:
(a) ease border crossing by citizens of the Partner States;(b) maintain common standard travel documents for their citizens;(c) effect reciprocal opening of border posts and keep the posts opened and manned for
twenty four hours;
(d) maintain common employment policies;(e) harmonize their labour policies, programmes and legislation including those on
occupational health and safety;
(f) establish a regional centre for productivity and employment promotion and  exchange
information on the availability of employment;
(g) make their training facilities available to persons from other Partner States; and(h) enhance the activities of the employers’ and workers’ organizations with a view to
strengthening them.
4. The Partner States undertake to co-operate in the enhancement of the social partnership
between the governments, employers and employees so as to increase the productivity of labour
through efficient production.
CHAPTER 18
Agriculture and Food Security
Article 105
Scope of co-operation
1. The overall objectives of co-operation in the agricultural sector are the achievement of food
security and rational agricultural production within the Community.  To this end, the Partner States
undertake to adopt a scheme for the rationalisation of agricultural production with a view to
promoting complementarity and specialisation in and the sustainability of national agricultural
programmes in order to ensure:
(a) a common agricultural policy;(b) food sufficiency within the Community;
(c) an increase in the production of crops, livestock, fisheries and forest products for
domestic consumption, exports within and outside the Community and as inputs to
agro-based industries within the Community; andWT/COMTD/25
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(d) post harvest preservation and conservation and improved food  processing.
2. For purposes of paragraph 1 of this Article, the Partner States undertake to co-operate in
specific fields of agriculture, including:
(a) the harmonization of agricultural policies of the Partner States;
(b) the development of food security within the Partner States and the Community as a
whole, through the production and supply of foodstuffs;
(c) agro-meteorology and climatology to promote the development of early
climatological warning systems within the Community;
(d) the development and application of agricultural training and research and extension
services;
(e) the adoption of internationally accepted quality standards for food processing;(f) the establishment of joint programmes for the control of animal and plant diseases
and pests;
(g) the marketing of food and the co-ordination of the export and import of agricultural
commodities;
(h) joint actions in combating drought and desertification ; and(i) in such other fields of agriculture as the Council may determine.
Article 106
Seed multiplication and distribution
The Partner States shall:
(a) strengthen co-operation in quality seed development and production through research
and plant breeding;
(b) support co-operation in the establishment of gene banks;
(c) enhance capacity in seed technology;
(d) initiate and maintain strategic seed reserves;(e) harmonize quarantine policies, legislation and regulations to ease trade in seeds; and(f) create an enabling environment for private sector seed multiplication and distribution.WT/COMTD/25
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Article 107
Livestock multiplication and distribution
The Partner States shall:(a) develop mechanism for co-operation in livestock breeding, including artificial
insemination institutions and livestock breeding centres;
(b) encourage and facilitate exchange of genetic material to widen the base of livestock
development;
(c) encourage private sector participation in livestock multiplication and distribution;
(d) develop common regulatory framework in livestock multiplication, trade in semen,
embryos, breeding stock, drugs and vaccines; and
(e) harmonize quarantine regulations in artificial insemination and livestock breeding
centres.
Article 108
Plant and animal diseases control
The Partner States shall:
(a) harmonize policies, legislation and regulations for enforcement of pests and disease
control;
(b) harmonize and strengthen regulatory institutions;(c) harmonize and strengthen zoo–sanitary and phyto-sanitary services inspection and
certification;
(d) establish regional zoo–sanitary and phyto-sanitary laboratories to deal with diagnosis
and identification of pests and diseases;
(e) adopt common mechanism to ensure safety, efficacy and potency of agricultural
inputs including chemicals, drugs and vaccines; and
(f) co-operate in surveillance, diagnosis and control strategies of trans-boundary pests
and animal diseases.
Article 109
Irrigation and water catchment management
The Partner States agree to take concerted effort to expand agricultural land through irrigation
and water catchment strategies and for this purpose, shall:
(a) co-operate in formulating and implementing national and Community irrigation
programmes;
(b) co-operate in developing and preserving traditional irrigation systems;WT/COMTD/25
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(c) improve water catchment management, including rainwater harvesting; and
(d) adopt and promote the use of environmentally safe methods of land use.
Article 110
Food security
The Partner States shall:(a) establish a mechanism for exchange of information on demand and supply surpluses
and deficits, trade, forecasting and state of food nutrition;
(b) harmonize quality and standards of inputs and products including food additives;(c) develop modalities to have timely information on market prices;(d) harmonize food supply, nutrition and food security policies and strategies;(e) initiate and maintain strategic food reserves; and
(f) develop marine and inland aquaculture and fish farming.
CHAPTER 19
Co-operation in Environment and Natural Resources Management
Article 111
Environmental issues and natural resources
1. The Partner States recognise that development activities may have negative impacts on the
environment leading to the degradation of the environment and  depletion of natural resources and that
a clean and healthy environment is a prerequisite for sustainable development.  The Partner States
therefore:
(a) agree to take concerted measures to foster co-operation in the joint and efficient
management and sustainable utilisation of natural resources within the Community;
(b) undertake, through environmental management strategy, to co-operate and
co-ordinate their policies and actions for the protection and conservation of the
natural resources and environment against all forms of degradation and pollutionarising from developmental activities;
(c) undertake to co-operate and adopt common policies for control of trans-boundary
movement of toxic and hazardous waste including nuclear materials and any other
undesirable materials;
(d) shall provide prior and timely notification and relevant information to each other on
natural and human activities that may or are likely to have significant trans-boundary
environmental impacts and shall consult with each other at an early stage; andWT/COMTD/25
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(e) shall develop and promote capacity building programmes for sustainable management
of natural resources.
2. Action by the Community relating to the environment shall have the following objectives:
(a) to preserve, protect and enhance the quality of the environment;(b) to contribute towards the sustainability of the environment;(c) to ensure sustainable utilisation of natural resources like lakes, wetlands, forests and
other aquatic and terrestrial ecosystems; and
(d) to jointly develop and adopt water resources conservation and management policies
that ensure sustenance and preservation of ecosystems.
Article 112
Management of the environment
1. For purposes of Article 111 of this Treaty, the Partner States undertake to co-operate in the
management of the environment and agree to:
(a) develop a common environmental management policy that would sustain the
eco-systems of the Partner States, prevent, arrest and reverse the effects of
environmental degradation;
(b) develop special environmental management strategies to manage fragile ecosystems,
terrestrial and marine resources, noxious emissions and toxic and hazardous
chemicals;
(c) take measures to control trans-boundary air, land and water pollution arising from
developmental activities;
(d) take necessary disaster preparedness, management, protection and mitigation
measures especially for the control of natural and man-made disasters.  These include
oil spills, bio-hazards, floods, earthquakes, marine accidents, drought and bush fires;
and
(e) integrate environmental management and conservation measures in all developmental
activities such as trade, transport, agriculture, industrial development, mining and
tourism in the Community.
2. For purposes of paragraph 1 of this Article, the Partner States undertake to:
(a) adopt common environment control regulations, incentives and standards;(b) develop capabilities and measures to undertake environmental impact assessment of
all development project activities and programmes;
(c) encourage the manufacture and use of bio-degradable pesticides, herbicides and
packaging materials;WT/COMTD/25
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(d) encourage public awareness and education on the use of agricultural and industrial
chemicals and fertilisers;
(e) adopt environmentally sound management techniques for the control of land
degradation, such as soil erosion, desertification and forest encroachment;
(f) promote the use of non-ozone depleting substances and environment-friendly
technologies;
(g) promote and strengthen the utilisation of training facilities and research institutions
within the Community;
(h) adopt common environmental standards for the control of atmospheric, terrestrial and
water pollution arising from urban and industrial development activities;
(i) exchange information on atmospheric, industrial and other forms of pollution and
conservation technology;
(j) harmonize their policies and regulations for the sustainable and integrated
management of shared natural resources and eco-systems;
(k) adopt measures and policies to address the existing demographic profiles such as high
growth rates and fertility rates, high dependency ratio, poor social conditions and
poverty in order to mitigate their adverse impact on the environment and
development;
(l) adopt community environmental management programmes;(m) promote enhancement of the quality of the environment through adoption of common
measures and programmes of tree planting, afforestation and reforestation, soil
conservation and   recycling of materials; and
(n) adopt common policies  for conservation of biodiversity   and common  regulations for
access to, management and equitable utilisation of genetic resources.
Article 113
Prevention of illegal trade in and movement of toxic chemicals,
substances and hazardous wastes
1. The Partner States undertake to co-operate and adopt common positions against illegal
dumping of toxic chemicals, substances and hazardous wastes within the Community from either a
Partner State or any third party.
2. The Partner States shall harmonize their legal and regulatory framework for the management,
movement, utilisation and disposal of toxic substances .
3. The Partner States undertake to ratify or  accede to international environmental conventions
that are designed to improve environmental policies and management.WT/COMTD/25
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Article 114
Management of natural resources
1. For purposes of Article 111 of this Treaty, the Partner States agree to take concerted measures
to foster co-operation in the joint and efficient management and the sustainable utilisation of natural
resources within the Community for the mutual benefit of the Partner States.  In particular, the Partner
States shall:
(a) take necessary measures to conserve their natural resources;(b) co-operate in the management of their natural resources for the conservation of the
eco-systems and the arrest of environmental degradation; and
(c) adopt common regulations for the protection of shared aquatic and terrestrial
resources.
2. For purposes of paragraph 1 of this Article, the Partner States:
(a) with regard to the conservation and management of forests, agree to take necessary
measures through:
(i) the adoption of common policies for, and the exchange of information on, the
development, conservation and management of natural forests, commercial
plantations and natural reserves;
(ii) the joint promotion of  common forestry practices within the Community;(iii) the joint utilisation of forestry training and research facilities;(iv) the adoption of common regulations for the conservation and management of
all catchment forests within the Community;
(v) the establishment of uniform regulations for the utilisation of forestry
resources in order to reduce the depletion of natural forests and avoid
desertification within the Community; and
(vi) the establishment of Api-Agro Forestry Systems.
(b) with regard to the management of their water and marine resources, agree to co-
operate through:
(i) the establishment and adoption of common regulations for the better
management and development of marine parks, reserves, wetlands  and
controlled areas;
(ii) the adoption of common policies and regulations  for the conservation,
management and development of fisheries resources;
(iii) the establishment of common fisheries management and  investment
guidelines for inland and marine waters;
(iv) the strengthening of regional natural resources management bodies;WT/COMTD/25
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(v) the establishment of common rules of origin for flora and fauna; and
(vi) the establishment of a body for the management of Lake Victoria;
(c) with regard to the management of the mineral resources sector, agree:
(i) to promote joint exploration, efficient exploitation and sustainable utilisation
of shared mineral resources;
(ii) to pursue the creation of an enabling environment for investment in the
mining sector;
(iii) to promote the establishment of databases, information exchange networks
and the sharing of experiences in the management and development of the
mineral sector using electronic mail, internet and other means for the
interactive dissemination of mineral information;
(iv) to harmonize mining regulations to ensure environmentally friendly and
sound mining practices;
(v) to adopt common policies to ensure joint fossil exploration and exploitation
along the coast and rift valley; and
(vi) to establish a regional seismological network whose primary objective is to
monitor seismicity and advice on mitigation measures.
CHAPTER 20
Co-operation in Tourism and Wildlife Management
Article 115
Tourism
1. In order to promote the achievement of the objectives of the Community as set out in
Article 5 of this Treaty, the Partner States undertake to develop a collective and co-ordinated
approach to the promotion and marketing of quality tourism into and within the Community.  To this
end, the Partner States shall co-ordinate their policies in the tourism industry and undertake toestablish a framework of co-operation in the sector that will ensure equitable distribution of benefits.
2. The Partner States shall establish a common code of conduct for private and public tour and
travel operators, standardise hotel classifications and harmonize the professional standards of agents
in the tourism and travel industry within the Community.
3. The Partner States undertake to develop a regional strategy for tourism promotion whereby
individual efforts are reinforced by regional action.WT/COMTD/25
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Article 116
Wildlife management
The Partner States undertake to develop a collective and co-ordinated policy for the
conservation and sustainable utilisation of wildlife and other tourist sites in the Community.  In
particular, the Partner States shall:
(a) harmonize their policies for the conservation of wildlife, within and outside protected
areas;
(b) exchange information and adopt common policies  on wildlife management and
development;
(c) co-ordinate efforts in controlling and monitoring encroachment and poaching
activities;
(d) encourage the joint use of training and research facilities and develop common
management plans for trans-border protected areas; and
(e) take measures to ratify or accede to, and, implement relevant international
conventions.
CHAPTER 21
Health, Social and Cultural Activities
Article 117
Scope of co-operation
In order to promote the achievement of the objectives of the Community as set out in
Article 5 of this Treaty, the Partner States undertake to co-operate in health, cultural and sports andsocial welfare activities within the Community.
Article 118
Health
With respect to co-operation in health activities, the Partner States undertake to:(a) take joint action towards the prevention and control of communicable and non-
communicable diseases and to control pandemics  and epidemics of communicable
and vector-borne diseases such as HIV-AIDS, cholera, malaria, hepatitis and yellow
fever that might endanger the health and welfare of the residents of the Partner States,
and to co-operate in facilitating mass immunisation and other public health
community campaigns;
(b) promote the management of health delivery systems and better planning mechanisms
to enhance efficiency of health care services within the Partner States;WT/COMTD/25
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(c) develop a common drug policy which would include establishing quality control
capacities and good procurement practices;
(d) harmonize drug  registration procedures so as to achieve good control of
pharmaceutical standards without impeding or obstructing the movement ofpharmaceutical products within the Community;
(e) harmonize  national health policies and regulations  and promote the exchange of
information on health issues in order to achieve quality health  within the Community;
(f) co-operate in promoting research and th e development of traditional, alternate or
herbal medicines;
(g) co-operate in the development of specialised health training, health research,
reproductive health, the pharmaceutical products and preventive medicine;
(h) promote the development of good nutritional  standards and the popularisation of
indigenous foods; and
(i) develop a common approach through the education of the general public and their law
enforcement agencies for the control and eradication of the trafficking and
consumption of illicit or banned drugs.
Article 119
Culture and sports
The Partner States shall promote close co-operation amongst themselves in culture and sports,
with respect to:
(a) the promotion and enhancement of diverse sports activities;(b) the development of mass media programmes on matters that will promote the
development of culture and sports  within the Community;
(c) the promotion of cultural activities, including the fine arts, literature, music, the
performing arts and other artistic creations, and the conservation safeguarding and
development of the cultural heritage of the Partner States including, historical
materials and antiquities;
(d) the development and promotion of indigenous languages especially Kiswahili as a
lingua franca ;
(e) the regulation of cross border trade in ethnographic materials, licensing of antique
dealers and adoption of  a  common approach and co-operation in tackling the illicit
cross border trade in cultural property;
(f) acceding to and ratification of international conventions that directly bear upon
culture such as:
(i) the Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict; andWT/COMTD/25
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(ii) the UNESCO  Convention on the Means of Prohibition and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural Property;
(g) harmonising their policies for the conservation of their national antiquities and
museums and the prevention of illegal trade in cultural property; and
(h) any other activities aimed at promoting an East African identity.
Article 120
Social welfare
The Partner States undertake to closely co-operate amongst themselves in the field of social
welfare with respect to:
(a) employment, poverty alleviation programmes and working conditions;
(b) vocational training and the eradication of adult illiteracy in the Community; and
(c) the development and adoption of a common approach towards the disadvantaged and
marginalized groups, including children, the youth, the elderly and persons with
disabilities through rehabilitation and provision of, among others, foster homes,health care education and training.
CHAPTER 22
Enhancing the role of Women in Socio-Economic Development
Article 121
The role of women in socio-economic development
The Partner States recognise that women make a significant contribution towards the process
of socio-economic transformation and sustainable growth and that it is impossible to implement
effective programmes for the economic and social development of the Partner States without the full
participation of women.  To this end, the Partner States shall through appropriate legislative and other
measures:
(a) promote the empowerment and effective integration and participation of women at all
levels of socio-economic development especially in decision-making;
(b) abolish legislation and discourage customs that are discriminatory against women;
(c) promote effective education awareness programmes aimed at changing negative
attitudes towards women;
(d) create or adopt technologies which will ensure the stability of employment and
professional progress for women workers; and
(e) take such other measures that shall eliminate prejudices against women and promote
the equality of the female gender with that of the male gender in every respect.WT/COMTD/25
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Article 122
The role of women in business
Having recognised the importance of women as a vital economic link  between agriculture,
industry and trade, the Partner States undertake to:
(a) increase the participation of women in business at the policy formulation and
implementation levels;
(b) promote special programmes for women in small, medium and large scale
enterprises;
(c) eliminate all laws, regulations and practises that hinder women’s access to financial
assistance including credit;
(d) initiate changes in educational and training strategies to enable women to improve
their technical and industrial employment levels through the acquisition of
transferable skills offered by various forms of vocational and on-the-job training
schemes; and
(e) recognise and support the national and regional associations of women in business
established to promote the effective participation of women in the trade and
development activities of the Community.
CHAPTER 23
Co-operation in Political Matters
Article 123
Political affairs
1. In order to promote the achievement of the objectives of the Community as set out in
Article 5 of this Treaty particularly with respect to the eventual establishment of a Political Federation
of the Partner States, the Partner States shall establish  common foreign and security policies.
2. For purposes of paragraph 1 of this Article, the Community and its Partner States shall define
and implement  common foreign and security policies.
3. The objectives of the common foreign and security policies shall be to:
(a) safeguard the common values, fundamental interests and independence of the
Community;
(b) strengthen the security of the Community and its Partner States in all ways;(c) develop and consolidate democracy and the rule of law and respect for human rights
and fundamental freedoms;
(d) preserve peace and strengthen international security among the Partner States and
within the Community;WT/COMTD/25
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(e) promote co-operation at international fora; and
(f) enhance the eventual establishment of a Political Federation of the Partner States.
4. The Community shall pursue the objectives set out in paragraph 3 of this Article by:
(a) establishing systematic co-operation between the Partner States on any matter of
foreign or security policies of general interest within the Community in order to
define a common position to be applied by the Partner States;
(b) the co-ordination of the actions of the Partner States and the upholding by them of
such co-ordinated actions in international organizations and at internationalconferences;
(c) the unreserved support of the Partner States of the Community's foreign and security
policies and the avoidance by the Partner States of any action on their part which is
contrary to the interests of the Community  or is likely to impair the effectiveness of
the Community as a cohesive force in international relations;
(d) peaceful resolution of disputes and conflicts between  and within the Partner States;
(e) the co-ordination of the defence policies of the Partner States; and(f) the promotion of co-operation among the National Assemblies of the Partner States
and also with the Assembly.
5. The Council shall determine when the provisions of paragraphs 2, 3 and 4 of this Article shall
become operative and shall prescribe in detail how the provisions of this Article shall be
implemented.
6. The Summit shall initiate the process towards the establishment of a Political Federation of
the Partner States by directing the Council to undertake the process.
7. For purposes of paragraph 6 of this Article, the Summit may order a  study to be first
undertaken by the Council.
Article 124
Regional peace and security
1. The Partner States agree that peace and security are pre-requisites to social and economic
development within the Community and vital to the achievement of the objectives of the Community.
In this regard, the Partner States agree to foster and maintain an atmosphere that is conducive to peace
and security through co-operation and consultations on issues pertaining to peace and security of thePartner States with a view to prevention, better managemen t and resolution of disputes and conflicts
between them.
2. The Partner States undertake to promote and maintain good neighbourliness as a basis for
promoting peace and security within the Community.
3. The Partner States shall evolve and establish regional disaster management mechanisms
which shall harmonize training operations, technical co-operation and support in this area.WT/COMTD/25
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4. The Partner States undertake to establish common mechanisms for the management of
refugees.
5. The Partner States agree to enhance co-operation in the handling of cross border crime,
provision of mutual assistance in criminal matters including the arrest and repatriation of fugitiveoffenders and the exchange of information on nati onal mechanisms for combating criminal activities.
To this end the Partner States undertake to a dopt the following measures for maintaining and
promoting security in their territories to:
(a) enhance the exchange of criminal intelligence and other security information between
the Partner States’ central criminal intelligence information centres;
(b) enhance joint operations such as hot pursuit of criminals and joint patrols to promote
border security;
(c) establish common communication facilities for border security;
(d) adopt the United Nations model law on mutual assistance on criminal matters;
(e) conclude a Protocol on Combating Illicit Drug Trafficking;(f) enhance the exchange of visits by security authorities;(g) exchange training programmes for security personnel; and(h) establish common mechanisms for the management of refugees.
6. The Partner States undertake to co-operate in reviewing the region’s security particularly on
the threat of terrorism and formulate security measures to combat terrorism.
Article 125
Defence
1. In order to promote the achievement of the objectives of the Community as set out in
Article 5 of this Treaty particularly with respect to the promotion of peace, security and stability
within, and good neighbourliness among the Partner States, and in accordance with Article 124 of this
Treaty, the Partner States agree to closely co-operate in defence affairs.
2. For purposes of paragraph 1 of this Article, the Partner States agree to establish a framework
for co-operation.WT/COMTD/25
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CHAPTER 24
Legal and Judicial Affairs
Article 126
Scope of co-operation
1. In order to promote the achievement of the objectives of the Community as set out in
Article 5 of this Treaty, the Partner States shall take steps to harmonize their legal training and
certification; and shall encourage the standardisation of the judgements of courts within the
Community.
2. For purposes of paragraph 1 of this Article, the Partner States shall through their appropriate
national institutions take all necessary steps  to:
(a) establish a common syllabus for the training of lawyers and a common standard to be
attained in examinations in order to  qualify and to be licensed to practice as an
advocate in their respective superior courts;
(b) harmonize all their national laws appertaining to the Community; and
(c) revive the publication of the East African Law Reports or publish  similar law reports
and such law journals as will promote the exchange of legal and judicial knowledge
and enhance the approximation and harmonization of legal learning and the
standardisation of judgements of courts within the Community.
3. For purposes of paragraph 1 of this Article, the Partner States may take such other additional
steps as the Council may determine.
CHAPTER 25
The Private Sector and the Civil Society
Article 12 7
Creation of an enabling environment for the private sector and the civil society
1. The Partner States agree to provide an enabling environment for the private sector and the
civil society to take full advantage of the Community.  To this end, the Partner States undertake to
formulate a strategy for the development of the private sector and to:
(a) promote a continuous dialogue with the private sector and civil society at the national
level and at that of the Community to help create an improved business environment
for the implementation of agreed decisions in all economic sectors; and
(b) provide opportunities for entrepreneurs to participate actively in improving the
policies and activities of the  institutions of the Community that affect them so as toincrease their confidence in policy reforms and raise the productivity and lower the
costs of the entrepreneurs.WT/COMTD/25
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2. For purposes of paragraph 1 of this Article, the Partner States undertake to:
(a) improve the business environment through the promotion of conducive investment
codes, the protection of property rights  and other rights  and the proper regulation of
the private sector;
(b) stimulate market development through infrastructural linkages and the removal of
barriers and constraints to market development and production;
(c) regularly provide up-to-date commercial intelligence to speed up market response
through co-operation among the chambers of commerce and industry and other
similar organizations  of the Partner States;
(d) facilitate and support the exchange of experience and the pooling of resources
through, inter alia , cross-border investments;
(e) strengthen the role of their national business organizations or associations in the
formulation of their economic policies; and
(f) collaborate with their national chambers of commerce and industry to establish
lending institutions that shall primarily cater for the private sector especially the
small-scale entrepreneurs who find it difficult to obtain credit from commercial banksand financing institutions.
3. The Partner States agree to promote enabling environment for the participation of civil society
in the development activities within the Community.
4. The Secretary General shall provide the forum for consultations between the private sector,
civil society organizations, other interest groups and appropriate institutions of the  Community.
Article 128
Strengthening the private sector
1. The Partner States shall endeavour to adopt programmes that would strengthen and promote
the role of the private sector as an effective force  for the development of their respective economies.
2. For purposes of paragraph 1 of this Article, the Partner States undertake to:
(a) encourage the efficient use of scarce resources and to promote the development of
private sector organizations which are engaged in all types of economic activity, such
as, the chambers of commerce and industry, confederations and associations of
industry, agriculture, manufacturers, farmers, traders, and service providers and
professional groups;
(b) encourage and sponsor practical and resourceful methods of income generation in the
private sector; and
(c) establish a quality information system which will allow collection, harmonized
processing and timely dissemination of data and information.
3. For purposes of paragraph 1 of this Article, the Partner States may take such other additional
steps as the Council may determine.WT/COMTD/25
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Article 129
Co-operation among business organizations and professional bodies
1. The Partner States undertake to co-operate in promoting common measures to ensure the
strengthening of linkages among their busi ness organizations, employees’ and employers’
organizations and professional bodies.  To this end, the Partner States agree to:
(a) support joint activities which will promote trade and investment among the Partner
States;
(b) recognise and contribute to the efficient operation of federations of business
organizations, professional and commercial interest groups and similar associations
within the Community; and
(c) encourage and promote the taking of useful decisions by the Council and other
relevant institutions of the Community in areas affecting the private sector, and tomonitor the implementation of such decisions.
2. The Council shall establish modalities that would enable the business organizations or
associations, professional bodies and the civil society in the Partner States to contribute effectively to
the development of the Community.
3. The Council shall formulate a business and business related dispute settlement mechanism.
CHAPTER 26
Relations with Other Regional and International Organizations
and Development Partners
Article 130
International Organizations and development partners
1. The Partner States shall honour their commitm ents in respect of other multinational and
international organizations of which they are members.
2. The Partner States reiterate their desire for a wider unity of Africa and regard the Community
as a step towards the achievement of the objectives of the Treaty Establishing the African Economic
Community.
3. With a view to contributing towards the achievement of the objectives of the Community, the
Community shall foster co-operative arrangements  with other regional and international
organizations whose activities have a bearing on the objectives of the Community.
4. The Partner States shall accord special importance to co-operation with the Organization of
African Unity, United Nations Organization and its agencies, and other international organizations,bilateral and multi-lateral development partners interested in the objectives of the Community.WT/COMTD/25
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CHAPTER 27
Co-operation in Other Fields
Article 131
Other fields
1. Subject to the provisions of this Treaty, the Partner States undertake to consult with one
another through the appropriate institutions of the Community for the purpose of harmonising their
respective policies in such other fields as they may, from time to time, consider necessary or desirable
for the efficient and harmonious functioning and development of the Community and theimplementation of the provisions of this Treaty.
2. For purposes of paragraph 1 of this Article, the Partner States may take in common such other
steps as are calculated to further the objectives of the Community and the implementation of the
provisions of this Treaty.
CHAPTER 28
Financial Provisions
Article 132
Budget
1. There shall be a budget for the organs and institutions of the Community, save for the self
accounting institutions.
2. Subject to this Treaty, a  budget for the Community for each financial year shall be prepared
by the Secretary General for consideration by the Council  and approval by the Assembly.
3. All expenditures of the Community  in respect of each financial year shall be considered and
approved by the Council and shall be met from the budget.
4. The budget of the Community shall be funded by equal contributions by the Partner States
and receipts from regional and international donations and any other sources as may be determined by
the Council.
5. The resources of the Community shall be utilised to finance activities of the Community as
shall be determined by the Assembly on the recommendation of the Council.
6. The budget and accounts of the Community shall be kept and maintained in United States
dollars.
7. The financial year of the Community shall run from 1 July to 30 June.WT/COMTD/25
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Article 133
Other resources
Other resources of the Community shall include such extra budgetary resources as:(a) grants, donations, funds for projects and programmes and technical assistance; and(b) income earned from activities undertaken by the Community.
Article 134
Audit of accounts
1. There shall be an Audit Commission made up of the Auditors General of the Partner States
whose functions will be to audit the accounts of the Community.
2. It shall be the duty of the Audit Commission to verify that any contributions received or
revenue collected by the Community have been allocated and distributed in accordance with this
Treaty and to include a certificate to that effect in its report.
3. The Audit Commission shall submit its reports under paragraph 2 of this Article to the
Council which shall cause the same to be laid befo re the Assembly within six months of receipt for
debate and for such other consultations and action as the Assembly may deem necessary.
4. In the performance of its functions under this Article, the Audit Commission shall not be
subject to the direction or control of any person or authority.
Article 135
Financial rules and regulations
The Council shall  make financial rules and regulations of the Community.
2. Self-accounting institutions of the Community shall make their own financial rules and
regulations in line with the provisions of their respective enabling legislation.
CHAPTER 29
General, Transitional and Final Provisions
Article 136
Headquarters and other offices of the Community
1. The headquarters of the Community shall be in Arusha in the United Republic of Tanzania.
2. There may be established such offices of the Community in the Partner States and elsewhere
as the Council may determine.WT/COMTD/25
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Article 137
Official language
1. The official language of the Community shall be English.2. Kiswahili shall be developed as a lingua franca  of the Community.
Articles 138
Status, privileges and immunities
1. The Community shall enjoy international legal personality.2. The Secretary General shall conclude with the Governments of the Partner States in whose
territory the headquarters or offices of the Community shall be situated, agreements relating to the
privileges and immunities to be recognised and granted in connection with the Community.
3. Each of the Partner States undertakes to accord to the Community and its officers the
privileges and immunities accorded to similar international organizations in its territory.
Article 139
Dissolution of the Permanent Tripartite Commission and its Secretariat
Upon the coming into force of this Treaty, herein after referred to as "the appointed day", the
Tripartite Commission and the Secretariat of the Tripartite Commission respectively established onthe 30th day of November 1993, by the Agreement for the Establishment of a Permanent Tripartite
Commission for Co-operation Between the Republic of Kenya, the Republic of Uganda and the
United Republic of Tanzania, and on the 26th day of November, 1994, by the Protocol on the
Establishment of the Secretariat of the Permanent Tripartite Commission for Co-operation Between
the Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania, shall both cease
to exist.
Article 140
Transitional provisions
1. On the appointed day, the Executive Secretary, the Deputy Executive Secretaries, the Legal
Counsel and other staff of the Secretariat of the Tripartite Commission shall assume the offices of the
Secretary General, Deputy Secretaries General, Counsel to the Community and other staff of the
Community respectively and shall be deemed to have been appointed thereto under the provisions of
Articles 67, 68, 69 and 70 of this Treaty respectively:
- Provided that the Executive Secretary and the Deputy Executive Secretaries shall
serve for the remaining period of their current contractual terms.
2. Until the Council adopts its procedure, th e procedure that applies to the Tripartite
Commission shall apply to the Council.
3. Until the Community adopts its own staff rules and  regulations and terms and conditions of
service  and financial rules and regulations, those of the Secretariat of the Tripartite Commission shall
apply.WT/COMTD/25
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4. Until such time as the Council determines that the Court is fully operational, a Judge
appointed under Article 24 of this Treaty shall serve on an ad hoc basis.  Notwithstanding the
provisions of paragraph 5 of Article 25 of this Treaty, the salary and other terms and conditions of
service of a Judge serving on an ad hoc basis shall be determined by the Summit on the
recommendation of the Council.
5. Until the Assembly is elected at a time to be determined by the Summit and first meets, the
functions of the Assembly in respect of the approval of the budget of the Community, consideration of
annual reports on the activities of the Community and annual audit reports of the Audit Commission,
shall be performed by the Council.
6. Until the adoption of Protocols referred to in Article 151(1), the Council may make
regulations, issue directives, take decisions, make recommendations and give opinions in accordance
with the provisions of this Treaty.
7. Pending the conclusion of a Protocol under paragraph 1 of Article 75 of this Treaty, the
Partner States agree to maintain the rules of or igin currently applicable for the purpose of the
preferential treatment of goods traded among them and originating in the Partner States.
Article 141
Transfer of assets and liabilities
1. On the appointed day there shall be transferred to and vested in the Community by virtue of
this Article and without further assurance, all the assets and liabilities of the Secretariat of the
Tripartite Commission and from that day, the Community shall, in respect of the assets and liabilities
so transferred and vested in it, have all the rights , and be subject to all the liabilities, which the
Secretariat of the Tripartite Commission had, or is subject to, immediately before that day.
2. Every contract made by or on behalf of the Se cretariat of the Tripartite Commission in writing
and whether or not of such a nature that rights and liabilities thereunder can be assigned by the
Secretariat of the Tripartite Commission, shall have effect as if made by or, on behalf of the
Community and as if references therein to the Secretariat of the Tripartite Commission or any officer
or authority thereof, were references to the Community and to the corresponding officer or authoritythereof.
3. Any proceedings by or against the Secretariat of the Tripartite Commission pending on the
appointed day, shall be continued by or against the Community.
4. Reference to the Secretariat of the Tripartite Commission, in any law or document shall on
and after the appointed day, be construed as references to the Community.
Article 142
Saving provisions
1. Subject to the provisions of this Treaty, the operation of the following tripartite agreements
after the coming into force of this Treaty shall not  be affected by such coming into force, but the
agreements shall be construed with such modifications, adaptations, qualifications and exceptions asmay be necessary to bring them into conformity with the Treaty:WT/COMTD/25
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(a) Agreement for the Establishment of th e Permanent Tripartite Commission for
Co-operation between the Republic of Kenya, the Republic of Uganda and the United
Republic of Tanzania;
(b) Protocol on the Establishment of a Secretariat of the Permanent Tripartite
Commission for Co-operation between the Republic of Kenya, the Republic of
Uganda and the United Republic of Tanzania;
(c) Headquarters Agreement between the Secretariat of the Commission for East African
Co-operation and the Government of the United Republic of Tanzania;
(d) Tripartite Agreement for the Avoidance of Double Taxation and the Prevention of
Fiscal Evasion with respect to Taxes on Income;
(e) Memorandum of Understanding on Co-operation in Defence;(f) Tripartite Agreement on Road Transport;(g) Tripartite Agreement on Inland Waterways Transport;(h) Memorandum of Understanding on Foreign Policy Co-ordination; and
(j) Memorandum of Understanding between the Republic of Kenya and the Republic of
Uganda and the United Republic of Tanzania for Co-operation on Environment
Management.
2. The dissolution of the Tripartite Commission in terms of Article 139 of this Treaty shall not
affect the decisions of the Tripartite Commission but such decisions shall be construed and
implemented with such modifications, adaptations, qualifications and exceptions as may be necessary
to bring them into conformity with this Treaty.
Article 143
Sanctions
A Partner State which defaults in meeting its financial and other obligations under this Treaty
shall be subject to such action as the Summit ma y on the recommendation of the Council, determine.
Article 144
Duration of the Treaty
This Treaty shall have perpetual duration.
Article 145
Withdrawal of a member
1. A Partner State may withdraw from the Community provided:
(a) the National Assembly of the Partner State so resolves by resolution supported by not
less than two-thirds majority of all the members entitled to vote; andWT/COMTD/25
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(b) the Partner State gives to the Secretary General twelve month’s written notice of  its
intention to withdraw, unless that State  cancels  the notice before the expiry of  the
twelve months.
2. A Partner State wishing to withdraw from the Community shall, during the period of
twelve months referred to in paragraph 1 of this Article,  continue to be liable to discharge her
obligations under the Treaty.
3. Notwithstanding the effective withdrawal from membership by such State, upon expiry of the
notice that State shall remain liable to discharge all subsisting obligations and long term commitments
incurred during membership.
Article 146
Suspension of a member
1. The Summit may suspend a Partner State from taking part in the activities of the Community
if that State  fails to observe and fulfil the fundamental principles and objectives of the Treaty
including failure to meet financial commitments  to the Community within a period of eighteen (18)
months.
2. A Partner State suspended, in accordance with paragraph 1 of this Article, shall cease to enjoy
the benefits provided for under this Treaty but shall continue to be bound by membership obligations
until the  suspension is lifted.
Article 147
Expulsion of a member
1. The Summit may expel  a Partner State from the Community  for gross and persistent
violation of  the principles and objectives of this Treaty after giving such Partner State twelve months’
written notice.
2. Upon the expiration of the period specified in paragraph 1 of this Article, the Partner State
concerned  shall cease to be a member of the Community unless the notice is cancelled.
3. During the period referred  to in paragraphs 1 and 2 of  this Article the Partner State
concerned shall continue to  comply with the provisions of this Treaty and be liable to discharge all
subsisting obligations  and  long-term commitments incurred during membership.
Article 148
Exceptions to the rule of consensus
1. Notwithstanding the provisions of paragraph 3 of Article 12 of this Treaty, the views of the
Partner State being considered for suspension or expulsion shall not count, for the purposes of
reaching a decision under the provisions of Articles 146  and 147  of this Treaty.WT/COMTD/25
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Article 149
Rights over property and assets of the Community upon cessation of membership
1. Where a Partner State withdraws or is expelled in accordance with Articles 145  and 147
respectively of this Treaty the property of the Community in that Partner State’s  territory shall remain
vested in the Community.
2. A State that has ceased to be a Partner State of the Community shall have no  claim to or any
rights over any  property and assets of the Community.
3. The Community shall continue with its remain ing membership notwithstanding withdrawal or
expulsion of any Partner  State.
Article 150
Amendment of the Treaty
1. This Treaty may be amended  at any time by agreement of all the Partner States.
2. Any Partner State or the Council may submit proposals for the amendment of this Treaty.
3. Any proposals for the amendment of this Treaty shall be submitted to the Secretary General in
writing who shall, within thirty days (30) of it s receipt, communicate the proposed amendment to the
Partner States.
4. The Partner States which wish to comment on the proposals shall do so within
ninety days (90) from the date of the dispatch of the proposal by the Secretary General.
5. After the expiration of the period prescribed under paragraph 4 of this Article, the Secretary
General shall submit the proposals and any comments thereon received from the Partner States to the
Summit through the Council.
6. Any amendment to this Treaty shall be adopted by the Summit and shall enter into force when
ratified by all the Partner States.
Article 151
Annexes and protocols to the Treaty
1. The Partner States shall conclude such Protocols as may be necessary in each area of
co-operation which shall spell out the objectives and scope of, and institutional mechanisms for
co-operation and integration.
2. Each Protocol shall be approved by the Summit on the recommendation of the Council.
3. Each Protocol shall be subject to signature and ratification by the parties hereto.4. The Annexes and Protocols to this Treaty shall form an integral part of this Treaty.WT/COMTD/25
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Article 152
Entry into force
This Treaty shall enter into force upon ratification and deposit of instruments of ratification
with the Secretary General by all Partner States.
Article 153
Depository and registration
1. This Treaty and all instruments of ratification  shall be deposited with the Secretary General
who shall transmit certified true copies thereof  to all the Partner States.
2. The Secretary General shall register this Treaty with the Organization of African Unity,  the
United Nations, and such other organizations as the Council may determine.
DONE at Arusha, Tanzania, on the 30th day of November, in the year One Thousand Nine
Hundred and Ninety-Nine.
IN FAITH WHEREOF the undersigned have appended their signatures hereto:
for  the Republic of for  the Republic of the United Republic of 
Kenya Uganda Tanzania
Daniel Toroitich arap Moi Yoweri Kaguta Museveni Benjamin William Mkapa
President President President
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