Title

TRADE AND INVESTMENT FRAMEWORK AGREEMENT BETWEEN THE EAST AFRICAN COMMUNITY AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

Preamble

The East African Community and the Government of the United States of America (the "Parties"):

Desiring to enhance the bonds of friendship and spirit of cooperation and to expand trade and strengthen economic relations between the East African Community and the United States;

Recognizing the importance of fostering an open and predictable environment for international trade and investment;

Recognizing the benefits the Parties can derive from increased international trade and investment, and that trade-distorting investment measures and protectionist trade barriers can reduce these benefits;

Seeking to promote transparency and to eliminate bribery and corruption in international trade and investment;

Recognizing the essential role of private investment, both domestic and foreign, in furthering growth, creating jobs, expanding trade, improving technology, and enhancing economic development;

Recognizing the increased importance of trade in services between the East African Community and the United States;

Taking into account the desirability of reducing non-tariff trade barriers in order to facilitate greater access to their markets;

Recognizing the importance of providing adequate and effective protection and enforcement of intellectual property rights and of membership in and adherence to intellectual property rights conventions;

Recognizing the importance of providing adequate and effective protection and enforcement of worker rights in accordance with the labor laws of the United States and the Partner States of the East African Community and of improving the observance of internationally recognized labor rights;

Desiring to ensure that their trade and environmental policies are mutually supportive and further the objective of sustainable development;

Desiring to encourage and promote investments and capital flows between the Parties;

Desiring to encourage and facilitate contacts between enterprises and other private sector groups in the territories of the United States and the Partner States of the East African Community;

Acknowledging the desirability of resolving trade and investment problems between them as expeditiously as possible;

Noting the membership of the United States of America and the Partner States of the East African Community in the World Trade Organization ("the WTO") and affirming that this Trade and Investment Framework Agreement ("Agreement") is without prejudice to their rights and obligations under the agreements, understandings, and other instruments related to or concluded under the auspices of the WTO;

Desiring to reinforce the multilateral trading system by strengthening efforts to complete successfully the Doha Development Agenda; and

Seeking to create a mechanism for further dialogue on initiatives for expanding their trade and investment through enhanced cooperation and more comprehensive agreements,

HAVE AGREED as follows:

Body

Article One.

The Parties affirm their desire to promote an attractive investment climate and to expand and diversify trade in products and services between the East African Community and the United States.

Article Two.

1. The Parties hereby establish a United States-East African Community Council on Trade and Investment ("the Council"), comprising representatives of the Parties or their designees. The Council shall be co-chaired by the United States, which shall be represented by the United States Trade Representative, and by the East African Community, which shall designate its representative.

2. The Council shall meet at such times and in such places as the Parties may agree. The Parties shall endeavor to meet no less than once every two years.

Article Three.

The Council shall:

1. monitor trade and investment relations between the East African Community and the United States, identify opportunities for expanding trade and investment, and identify relevant issues, such as those related to the protection of intellectual property rights, worker rights, and the environment, that may be appropriate for negotiation in an appropriate forum;

2. consider specific trade and investment matters of interest to the Parties;

3. identify and work to remove impediments to trade and investment between the United States and the East African Community and its Partner States; and

4. seek the advice of the private sector and civil society, where appropriate, on matters related to the Council's work.

Article Four.

A Party may refer a specific trade or investment matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered.

Article Five.

This Agreement shall be without prejudice to the laws of the United States and the Partner States of the East African Community or to the rights and obligations of the United States and the Partner States of the East African Community under any other agreement.

Article Six.

This Agreement shall enter into force upon signature by the Parties.

Article Seven.

Either Party may withdraw from this Agreement by providing written notice of withdrawal to the other Party. The withdrawal shall take effect on a date the Parties agree or, if the Parties cannot agree, 180 days after the date on which the notice of withdrawal is delivered.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.

DONE at Washington, DC, this 16th day of July 2008.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

Susan C. Schwab

The United States Trade Representative

FOR THE EAST AFRICAN COMMUNITY:

Peter N. Kiguta

Director General (Customs and Trade)