act supplement · “single window system” means a facility that allows parties involved in trade...

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THE EAST AFRICAN COMMUNITY

ACT SUPPLEMENTNo. 2 15th April, 2016

to the East African Community Gazette No. 4 of 15th April, 2016.

Printed by the Uganda Printing and Publishing Corporation, Entebbe by Order of the East African Community.

THE EAST AFRICAN COMMUNITY ONE STOP BORDER POSTSACT, 2016

ARRANGEMENT OF SECTIONS

Section.PART I

PRELIMINARY PROVISIONS

1. Short title and commencement.2. Interpretation.3. Objective for the establishment of one stop border posts.

PART IICONTROL ZONES

4. Establishment of one stop border posts.5. Establishment and designation of control zones.6. Limitations to effecting of border controls.7. Demarcation and security of control zones.8. Exclusive use areas within control zones.9. Traffic control.

10. Synchronized hours of operation.

PART IIICONDUCT OF BORDER CONTROLS

11. Officers to carry out border controls in host Partner State.12. Sequence of controls.13. Joint controls.14. Reversal of controls.15. Obligation to re-admit.

Section.

16. Use of single window system.17. Free transfer of money and goods to own territory.18. Higher levels of trade facilitation

PART IVAPPLICATION OF BORDER CONTROL LAWS

19. Laws to apply in same way as in own territory.20. Limitations to application of border control laws.21. Consistent operational procedures.22. Information and communication technologies.

PART VAPPLICATION OF CRIMINAL LAWS

23. Criminal acts in terms of border control laws.24. Criminal acts in terms of non border control laws.25. Limitations to application of criminal laws.26. Assistance and joint operations to combat crime.

PART VICONDUCT OF OFFICERS

27. Officers to move freely in control zone.28. Number of officers, names and designations.29. Identification of officers.30. Carrying of weapons.31. Contact person for communication.32. Protection and assistance to officers.33. Compensation for loss.34. Prosecution of officers.35. Investigation of offences.

PART VIIFACILITIES IN CONTROL ZONES

36. Provision of facilities in control zones.37. Equipment for official use.

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East African Community One Stop Border Posts Act, 2016

Section.

38. Communication links to own territory.39. Harmonisation of structures and facilities.40. Public use facilities.

PART VIIICONDUCT OF FACILITATION AGENTS

41. Access to control zones by facilitation agents.42. Vetting, registration, names and particulars.43. Identification of facilitation agents.44. Laws applicable.45. Facilities for facilitation agents.46. Equipment for official use.47. Communication with national offices.48. Transfer of money.49. Access to electronic control systems.

PART IXINSTITUTIONAL ARRANGEMENTS

50. Coordination and monitoring of one stop border posts.

PART XGENERAL PROVISIONS

51. Transitional.52. Temporary measures.53. Rights of Partner States to take temporary measures.54. Disputes between Partner States.55. Regulations.56. Act to take precedence.

SCHEDULE

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THE EAST AFRICAN COMMUNITY ONE STOPBORDER POSTS ACT, 2016

An Act of the Community to provide for the establishmentand implementation of one stop border posts in theCommunity, and for other related matters.

Date of assent 1st December, 2015.

Date of commencement See section 1(2).

ENACTED by the East African Community and assented to bythe Heads of State:

PART IPRELIMINARY PROVISIONS

1. (1) This Act may be cited as the East AfricanCommunity One Stop Border Posts Act, 2016

(2) This Act shall come into force on such date as theCouncil may, by notice in the Gazette, appoint.

Short titleandcommence-ment.

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2. (1) In this Act, unless the context otherwiserequires—

“adjoining Partner State” means a Partner Statewhose officers perform border controls withinthe control zone in the host Partner State;

“border controls” means any border related controlmeasures, checks and authorizations, withoutlimitation, provided for in the national laws andregulations of the Partner States;

“Community” means the East African Communityestablished under Article 2 of the Treaty;

“competent authorities” means any ministries orother government entities of the Partner Statesassigned responsibilities for border controls bytheir national laws;

“control zone” means the territory of the host PartnerState within which officers of the adjoiningPartner States effect border controls, includingthe exclusive use area;

“Council” means the Council of Ministers establishedby Article 9 of the Treaty;

“exclusive use area” means that area of the controlzone dedicated for the exclusive use of theadjoining Partner State;

“facilitation agents” means any person other than anofficer, providing services to the completion ofborder controls by passengers or freight inaccordance with the national laws of thePartner States;

Inter-pretation.

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“Gazette” means the official Gazette of theCommunity;

“host Partner State” means the Partner State in whoseterritory the border controls of the adjoiningPartner State are effected;

“law enforcement agency” means any person oragency empowered by the national laws of aPartner State to enforce those laws;

“National Gazette” means the official Gazette of anyPartner State;

“officer” means a person responsible for conductingborder controls in accordance with the nationallaws of the Partner States or the laws of theCommunity;

“one stop border post” means a border postestablished under section 4;

“Partner State” means the Republic of Burundi, theRepublic of Kenya, the Republic of Rwanda,the Republic of Uganda, the United Republicof Tanzania, and any other country grantedmembership to the Community under Article 3of the Treaty;

“Secretary General” means the Secretary General ofthe Community provided for under Article 67of the Treaty;

“single window system” means a facility that allowsparties involved in trade and transport to lodgestandardized information and documents with asingle entry point to fulfil all import, exportand transit related regulatory requirements;

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“Treaty” means the Treaty for the Establishment ofthe East African Community.

3. The objective of this Act is to enhance trade throughthe efficient movement of goods, persons and services withinthe Community.

PART IICONTROL ZONES

4. The Partner States shall establish and implement onestop border posts at their common borders and may enter intosuch bilateral arrangements as shall be necessary for thepurposes of implementing this Act.

5. (1) The Partner States shall implement one-stopborder processing arrangements by establishing anddesignating control zones at their respective common borderposts.

(2) The control zones established and designatedunder sub section (1) may, at the discretion of the adjoiningPartner States, be juxtaposed or straddled or wholly located inthe territory of one Partner State or some other mutuallyagreed configuration.

(3) The control zones established and designatedunder sub section (1) shall be so arranged that, for eachdirection of travel, border controls shall be carried out in thePartner State of entry or, depending on the configuration, froma single stop location.

6. Subject to section 53, a border control shall not becarried out in the Partner State of exit except by expressagreement of the adjoining Partner State where such bordercontrol is necessitated by configuration or other practicalconsiderations.

Objective forthe establish-ment of onestop borderposts.

Establish-ment of onestop borderposts.

Establish-ment anddesignationof controlzones.

Limitationsto effectingof bordercontrols.

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7. (1) A control zone shall comprise the specificallydemarcated and secured physical areas as shall be mutuallyagreed upon between the relevant Partner States.

(2) Each Partner State shall publish the demarcationdetails of the control zone within its territory in the NationalGazette.

(3) Each Partner State may amend the demarcation ofthe control zones within its territory and such amendment shallbe communicated to the adjoining Partner State and theSecretary General in writing within thirty days of the date ofamendment.

(4) The Partner State in whose territory theamendments take place shall publish such amendments in theNational Gazette.

(5) The Secretary General shall publish thedemarcation details of the control zone in the Gazette.

(6) The demarcated zones and any subsequentamendments shall come into effect upon publication in theNational Gazette.

8. (1) The competent authorities of each Partner Stateshall display official signs to ensure that their exclusive useareas in the control zones are clearly identified.

(2) The officers of the adjoining Partner State shallcontrol access and egress and keep order in their exclusive usearea within the control zone of the host Partner State and shall,if the need arises, request assistance from the competentauthorities of the host Partner State for this purpose.

Demarcationand securityof controlzones.

Exclusiveuse areaswithincontrolzones.

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(3) The officers or members of a law enforcementagency of the host Partner State shall not have access to theexclusive use area of the adjoining Partner State, except at therequest or with the permission of the officers of that adjoiningPartner State.

9. The competent authorities of the Partner States shalladopt and enforce efficient movement of persons, goods andservices along traffic control routes and procedures and trafficrules within and through the control zones.

10. The competent authorities of the adjoining PartnerStates shall adopt synchronized business hours for theirrespective operations in the control zones.

PART IIICONDUCT OF BORDER CONTROLS

11. (1) The officers of the adjoining Partner State shallcarry out border controls within the control zones in the hostPartner State.

(2) The officers of the adjoining Partner State shallexercise border controls within the control zone in the territoryof the host Partner State in accordance with the border controllaws of the adjoining Partner State, including the exercise ofany powers of arrest, search, seizure of property, detention ofpersons, and all such other powers as may be specificallyprovided for in the border control laws of the adjoining PartnerState.

(3) For the purpose of enabling officers of eachPartner State to carry out border controls at a one stop borderpost in the territory of one or more adjoining Partner Statesunder this Act, the border control laws of each Partner Stateshall mutually have extra-territorial application.

Trafficcontrol.

Synch-ronizedhours ofoperation.

Officers tocarry outbordercontrols inhost PartnerState.

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12. (1) The exit formalities of the Partner State of exitshall be carried out before the entry formalities of the PartnerState of entry and such formalities shall, to the extent possible,be carried out jointly and shall be sequenced as may bemutually agreed upon by both Partner States depending onpractical considerations.

(2) The officers of the Partner State of entry shall notcarry out border controls before the officers of the PartnerState of exit have completed their border controls and, withoutprejudice to the approach adopted under subsection (1), suchhandover shall be by way of a final official stamp to that effector electronic release received by the Partner State of entry.

(3) The officers of the Partner State of exit shall notcarry out border controls after the officers of the Partner Stateof entry have begun their own border controls, except with theconsent of the officers of the Partner State of entry, dulyauthorized to take such decisions, which consent shall not beunreasonably withheld.

13. (1) Notwithstanding section 12, the respectiveofficers of the Partner States shall jointly conduct physicalinspections and verifications, undertake searches, takesamples of cargo and inspect means of transport, or wheresuch is not reasonably practical, in immediate succession.

(2) Without prejudice to subsection (1), a PartnerState may rely on the inspection and search results of theofficers of the other Partner State, which results shall not beunreasonably withheld.

14. (1) Where in exceptional circumstances, in the courseof border controls the sequence provided for in section 12 ismodified, the officers of the Partner State of entry shall notproceed to conduct detentions, arrests or seizures until theborder controls of the Partner State of exit are completed.

Sequence ofcontrols.

Jointcontrols.

Reversal ofcontrols.

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(2) Subject to sub-section (1), the officers of thePartner State of entry shall escort the person, vehicle, animal,merchandise or other goods for which the border controls ofthe Partner State of exit are not yet completed, to the officersof the Partner State of exit who may proceed to take suchmeasures as they deem necessary.

15. (1) Where the Partner State of entry declines to admitany person, vehicle, animal, merchandise, or other goods, or ifsuch person decides not to pass through the border controls ofthe Partner State of entry, or send or take back any vehicle,animal, merchandise or other goods under his or her control,the authorities of the Partner State of exit shall accept backsuch person, vehicle, animal, merchandise, or other goods.

(2) Without prejudice to subsection (1), thecompetent authorities of the Partner State of exit may take anymeasures to deal with a person under that subsection inaccordance with the national laws of the Partner State of exitand in a manner that does not impose obligations on thePartner State of entry.

16. (1) Each Partner State may, in carrying out itscontrols,utilise the single window system.

(2) The Council may, by regulations, prescribeguidelines for the utilization of the single window system.

17. The officers of the adjoining Partner State shalltransfer sums of money levied on behalf of their Governmentin the host Partner State’s control zone, as well as merchandiseand other goods lawfully seized, to the adjoining Partner State.

18. (1) Nothing in this Act shall prevent adjoining PartnerStates from agreeing to higher levels of trade facilitation at theircommon borders through the integration of their border control

Obligationto re-admit.

Use ofsinglewindowsystem.

Freetransfer ofmoney andgoods toownterritory.

Higherlevels oftradefacilitation

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structures between themselves including reliance on officers ofone Partner State carrying out controls on behalf of the otherPartner State in terms of that other Partner State’s national laws.

(2) Higher levels of trade facilitation refferred to undersubsection (1) may include provision of such facilitation tovulnerable groups and persons with disabilities as the PartnerStates may determine.

(3) The powers to be exercised by officers incircumstances under subsection (1) shall be agreed uponbetween the relevant Partner States in bi-lateral arrangementsunder this Act.

PART IVAPPLICATION OF BORDER CONTROL LAWS

19. (1) The laws relating to border controls of theadjoining Partner State shall apply in the control zone in thehost Partner State and shall be effected by the officers of theadjoining Partner State in the same way as in their ownterritory.

(2) A breach of the laws relating to border controls ofthe adjoining Partner State which is detected in the controlzone of the host Partner State shall be subject to the laws of theadjoining Partner State as if the breach had occurred in theterritory of the adjoining Partner State.

(3) The officers of the adjoining Partner State may,under the border control laws of the adjoining Partner State,detain, question, search or arrest any person in the controlzone of the host Partner State who is exiting the adjoiningPartner State and may, in the course of conducting their bordercontrols, escort such person to the adjoining Partner State.

Laws toapply insame wayas in ownterritory.

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20. (1) The officers of the adjoining Partner State shallnot, in the control zone of the host Partner State, arrest ordetain a person exiting the host Partner State or escort suchperson to the territory of the adjoining Partner State.

(2) The officers of the adjoining Partner State mayrequire a person exiting the host Partner State to report at theoffice of the adjoining Partner State or at the office of the hostPartner State, in order that a statement may be taken from himor her; and in the former case, an officer of the host PartnerState shall be notified and shall be present while a statement istaken and may participate in the questioning and remainpresent as long as the person in question so requests.

(3) Nothing in subsection (1) or (2) shall prevent anofficer of the adjoining Partner State from passing oninformation to the host Partner State relating to any person orgoods exiting the host Partner State which information canonly be acted upon once such adjoining Partner State assumesjurisdiction over such person or goods within its own territory.

21. The Partner States shall develop and implementoperational procedures to facilitate the application of theirborder controls.

22. The Partner States shall develop and implementcomprehensive mandatory information and communicationstechnology requirements at their common borders to enableseamless, reliable and effective data exchange of high integrityand appropriate format within and between the variousagencies of the adjoining Partner States operating at thecommon borders, including reliable, compatible andtransparent cargo clearing and tracking systems within theterritories of the Partner States.

Limitationstoapplicationof bordercontrollaws.

Consistentoperationalprocedures.

Informationandcommunicationtechnologies.

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PART VAPPLICATION OF CRIMINAL LAWS

23. Any act or omission by a citizen or resident or anyother person who has not completed the exit procedures of aPartner State which occurs at a one stop border post in thecontrol zone of an adjoining Partner State shall be regarded asif it had occurred within the territory of the Partner State ofexit.

24. (1) Subject to section 8 (3), the law enforcementagencies of the host Partner State shall maintain peace,security, law and order, and deal with non border controlrelated criminal offences committed in the control zone.

(2) With respect to border control related criminaloffences, the law enforcement agencies of the Partner Statesshall carry out independent border control activities in thecontrol zone or assist border control officers in effecting theircontrols as mandated by their national laws.

(3) Nothing in this Act shall restrict the host PartnerState from maintaining law and order and prosecutingoffences committed within its territory.

25. Notwithstanding section 20, the law enforcementagencies of the adjoining Partner State may, in the controlzone in the host Partner State, arrest a person exiting the hostPartner State upon reasonable ground for suspecting that suchperson has committed an offence, except that—

(a) such arrest shall be authorized by a warrant issuedby an authority or court of competentjurisdiction in the adjoining Partner State; and

Criminalacts interms ofbordercontrollaws.

Criminalacts interms ofnon bordercontrollaws.

Limitationstoapplicationof criminallaws.

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(b) the name or description and particulars of theoffence shall be made available by thecompetent authorities of the adjoining PartnerState to the competent authorities of the hostPartner State.

26. (1) The law enforcement agencies of the host PartnerState shall, upon request, assist the law enforcement agenciesof the adjoining Partner State in effecting their mandatedcontrols in the control zone including, without limitation, thetransfer of suspects and exhibits, the provision of secureholding cells and related facilities.

(2) The adjoining Partner States may agree tomodalities for carrying out security related joint border patrolsbeyond the control zones and within defined limits in eachadjoining Partner State’s territory to combat cross-bordercrime.

PART VI

CONDUCT OF OFFICERS

27. The officers from the adjoining Partner State shallmove freely in the control zone of the host Partner State forofficial purposes, and shall not be required to producepassports or visas and may pass through border controls of thehost Partner State upon producing appropriate evidence oftheir identity and status.

28. (1) The Partner States shall determine the number ofofficers who shall perform duties in the adjoining PartnerState, taking into account the passenger and vehicle volumesat any peak point in time.

(2) The competent authorities of the adjoining PartnerState shall inform the competent authorities of the host PartnerState in writing of the names and designation of the officersthat shall be working within the control zone of the host

Assistanceand jointoperationsto combatcrime.

Officers tomove freelyin controlzone.

Number ofofficers,names anddesignations.

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Partner State and, in the event of any change, the competentauthorities of the adjoining Partner State shall promptlycommunicate such change to the competent authorities of thehost Partner State.

29. (1) Every officer of the adjoining Partner State shall,while performing duties in the control zone of the host PartnerState, wear the official uniform and visible distinctive insigniaand visibly display the officially issued identification badges.

(2) Where the officer is not required to wear uniformby virtual of his or her work, such officer shall display theofficially issued identification badge.

30. (1) An officer of the adjoining Partner State shall notcarry firearms except by special arrangements with the hostPartner State.

(2) In cases where a show or use of arms is required,an officer of the adjoining Partner State may enlist theassistance of the law enforcement agents of the host PartnerState and such assistance shall not be unreasonably denied.

31. Each adjoining Partner State shall appoint an officerserving in the host Partner State to act as the main contactperson for communication with the competent authorities ofthe host Partner State, and nothing in this section shall preventofficers representing individual border control agencies of theadjoining Partner State from collaborating and consulting withofficers from their counterpart agencies of the host PartnerState during the course of the day-to-day performance of theirfunctions in the control zone.

32. (1) The authorities of the host Partner State shallgrant protection and assistance to officers of the adjoiningPartner State in the exercise of their functions in the controlzone, as they grant the officers of the host Partner State.

Identificationof officers.

Carrying ofweapons.

Contactperson forcommunic-ation.

Protectionandassistance toofficers.

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(2) The laws of the host Partner State relating to theprotection of officers in the exercise of their functions shallapply equally to the punishment of offences committed againstofficers of the adjoining Partner State in the exercise of theirfunctions.

33. A claim for compensation for loss, injury or damagecaused by or to an officer of the adjoining Partner State in thecourse of his or her functions in the control zone of the hostPartner State shall be subject to the laws of the adjoiningPartner State as if the circumstance giving rise to the claim hadoccurred in the territory of the adjoining Partner State.

34. An officer of the adjoining Partner State may beprosecuted for an offence committed by the officer in thecontrol zone of the host Partner State in the course of his or herfunctions and, in such a case, such officer shall come under thejurisdiction of the adjoining Partner State, as if he or she hadcommitted the offence in the adjoining Partner State.

35. (1) The law enforcement authorities of the hostPartner State shall investigate, record and communicate to thecompetent authorities of the adjoining Partner State, all theparticulars and evidence of any offence alleged to have beencommitted in the control zone of the host Partner State by anofficer of the adjoining Partner State.

(2) An officer of the host Partner State whoinvestigates a matter under subsection(1) shall be a competentwitness in proceedings of an offence committed in the controlzone of the host Partner State to which he or she is aninvestigating officer or witness, involving a member of thepublic or an officer of the adjoining Partner State.

Compens-ation forloss.

Prosecutionof officers.

Investigationof offences.

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PART VIIFACILITIES IN THE CONTROL ZONE

36. (1) The Partner States shall provide comparableoffice and other accommodation within the facilities located inthe host Partner State and shall not be subjected to any costrelated to the occupation and maintenance of such premises.

(2) The Partner States shall offer utilities on areciprocal basis to the adjoining Partner State and stafffacilities designed for officers of the host Partner State shall beshared with officers of the adjoining Partner State.

37. Subject to proper declarations being made andappropriate inventories being kept, all equipment which isnecessary to enable an officer of the adjoining Partner Statecarry out official functions in the control zone of the hostPartner State shall be freely transferable within the controlzone and shall not be regarded as imports or exports on entryor exit.

38. (1) An officer of the adjoining Partner State shall,while exercising official functions in the host Partner State, beauthorized to establish such communication links to theadjoining Partner State as may be required for such purposeincluding, but not limited to, the extension of his or her localarea telecommunication and other networks into the controlzone of the host Partner State.

(2) The authorities of the host Partner State shall,where necessary, assist an officer of the adjoining PartnerState to obtain telecommunications and other communicationservices subject to the prevailing commercial costs andconditions.

Provision offacilities incontrolzones.

Equipmentfor officialuse

Communic-ation linksto ownterritory

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39. The Partner States shall harmonize the structures andfacilities in the control zones through coordinated designs andprocurement of related construction, maintenance andmanagement services, and shall consult both internal andexternal public and private sector stakeholders for inputregarding their requirements in the control zones.

40. Notwithstanding anything to the contrary in this Act,the Partner States shall ensure that adequate and appropriatefacilities are provided within their respective control zones tothe public that utilize the one stop border post, includingwithout limitation, special facilities for persons withdisabilities, ablution, food, banking and other essentialfacilities.

PART VIIICONDUCT OF FACILITATION AGENTS

41. The facilitation agents of adjoining Partner Statesshall have reasonable access to the control zones for officialpurposes and shall not be required to produce any traveldocument or visas, but shall access the control zones usingidentity and status cards issued for that purpose by theadjoining Partner State.

42. (1) The Partner States shall, in consultation with thenational facilitation agents associations, agree on the criteriafor the vetting, registration and the number of facilitationagents that shall be afforded access to the control zones underthis Act.

(2) The competent authorities of the adjoining PartnerState shall submit to the host Partner State in writing, thenames and full particulars of the facilitation agents that shallbe working within the control zone of the host Partner Stateand in the event of any changes the competent authorities ofthe adjoining Partner State shall promptly communicate suchchange to the competent authorities of the host Partner State.

Harmonisation ofstructuresandfacilities

Public usefacilities

Access tocontrolzones byfacilitationagents.

Vetting,registration,names andparticulars.

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43. Every facilitation agent shall, while in the controlzone, wear his or her agency uniform and visibly display theidentification badges issued for that purpose by the adjoiningPartner State.

44. (1) Every facilitation agent shall, in the exercise ofhis or her functions in the control zone be subject to the lawsof the host Partner State.

(2) Notwithstanding subsection (1), a facilitationagent shall provide his or her services in accordance with theborder control laws of the Partner State under whose controlssuch facilitation agent is working.

45. Each Partner State shall, in consultation with thefacilitation agents, determine the facilities which the PartnerState shall accord to facilitation agents of the adjoining PartnerState in the control zone within its territory, including theapplicable terms and conditions attached to those facilities.

46. Subject to proper declarations being made andappropriate inventories being kept, all equipment which isnecessary to enable the facilitation agents of the adjoiningPartner State carry out their functions in the control zone ofthe host Partner State shall be freely transferable within thecontrol zone and shall not be regarded as imports or exports onentry or exit.

47. Every facilitation agent from the adjoining PartnerState shall, whilst in the exercise of his or her functions in thecontrol zone of the host Partner State, be authorized tocommunicate with his or her national offices and to establishsuch communications as may be required for this purpose.

Identificationoffacilitationagents.

Lawsapplicable.

Facilitiesforfacilitationagents.

Equipmentfor officialuse.

Communic-ation withnationaloffices.

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48. A facilitation agent from the adjoining Partner Statemay, subject to the adjoining Partner State’s exchange controllaws and regulations, transfer any sums of money received forfacilitation services in the host Partner State’s control zone tothe adjoining Partner State.

49. The Partner States shall, for purposes of simplifyingand expediting the clearance of commercial traffic through theone stop border posts, adopt the electronic control system foruse by the facilitation agents and introduce appropriate andmandatory pre-clearance procedures.

PART IXINSTITUTIONAL ARRANGEMENTS

50. For the purposes of this Act, the Council shallmandate the relevant institutions of the Community to—

(a) coordinate the establishment of one stop borderposts within the Community to ensureuniformity of approach in the one stop borderpost concept between adjoining Partner States;

(b) monitor the establishment of one stop border postsat the various borders within the Community toensure full compliance with this Act;

(c) set specific programmes for the establishment andimplementation of one stop border controls atexisting and future border posts within theCommunity;

(d) initiate policies for the improvement of theefficiencies of the established one stop borderposts and any related trade facilitation matters;and

(e) perform such other functions as may be delegatedby the Council.

Transfer ofmoney.

Access toelectroniccontrolsystems.

Coordinationandmonitoringof one stopborder posts

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PART XGENERAL PROVISIONS

51. (1) Upon the coming into force of this Act, the borderposts specified in the Schedule shall operate as one stop borderposts in the Community.

(2) The Council may amend the Schedule.

52. (1) A Partner State may take temporary measures inthe interests of defence, security, public safety, public order orpublic health.

(2) The temporary measures under subsection (1)shall not exceed a period of three months and shall include, butnot limited to, the reversal of the sequence or location ofcontrols or the temporary closure of the border posts withinthat adjoining Partner State’s territory.

(3) A Partner State may, upon the expiry of the periodspecified under subsection (2), request the relevant PartnerState for an extension for a further period of three months orfor such further period as the Partner States may agree.

53. (1) An adjoining Partner State taking any temporarymeasures under section 52 shall, prior to taking suchtemporary measures, inform all the other Partner Stateswithout delay, through the exchange of diplomatic notes andnotify the Secretary General.

(2) In circumstances where prior notification is notpractical, an adjoining Partner State taking such temporarymeasures shall simultaneously inform all the other PartnerStates of the temporary measures taken, through the exchangeof diplomatic notes and notify the Secretary General.

Transitional

Temporarymeasures

Rights ofPartnerStates totaketemporarymeasures

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(3) The adjoining Partner States shall takeresponsibility to expeditiously inform their officers working inthe control zones about the temporary measures taken by aPartner State under section 52.

54. (1) Where a Partner State fails to meet its obligationsunder this Act, any of the other Partner States may appeal tothe Council in writing to have the matter resolved.

(2) Where the Council fails to resolve a matterreferred to it, the matter may be referred to the East AfricanCourt of Justice.

55. (1) The Council may make regulations providing forany matter which by this Act is required to be prescribed orwhich the Council considers necessary for giving effect to thepurposes of this Act.

(2) Notwithstanding the generality of subsection (1),the Council shall make regulations—

(a) prescribing operational procedures for theharmonization of documents, mandatory pre-clearance of imported and transit goods andentrenchment of existing arrangements forpeople living around the common border;

(b) for the harmonisation of structures and facilities inthe control zones.

56. This Act shall take precedence over the PartnerStates’ laws with respect to any matter to which its provisionsrelate.

DisputesbetweenPartnerStates

Regulations

Act to takeprecedence

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SCHEDULEs. 51

COMMON BORDER POSTS IN THE EAC DESIGNATEDAS ONE STOP BORDER POSTS

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No. Country A Country B Name in Country A Name in Country B

1 Kenya Tanzania Taveta Holili

2 Kenya Tanzania Isebania Sirari

3 Kenya Tanzania Namanga Namanga

4 Kenya Tanzania Lunga Lunga Horohoro

5 Kenya Uganda Busia Busia

6 Kenya Uganda Malaba Malaba

7 Tanzania Uganda Mutukula Mutukula

8 Burundi Rwanda Gasenyi Nemba

9 Burundi Rwanda Ruhwa Ruhwa

10 Burundi Rwanda Kanyaru Akanyaru

11 Rwanda Uganda Kagitumba Mirama Hills

12 Rwanda Uganda Gatuna Katuna

13 Burundi Tanzania Mugina Manyovu

14 Burundi Tanzania Kobero Kabanga

15 Rwanda Tanzania Rusumo Rusumo

act supplement · “single window system” means a facility that allows parties involved in trade...

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