(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; and
(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 effective 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 Heads of State.
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.
3. If the Assembly discusses and approves the Bill, the Bill shall be resubmitted 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 East African Community affairs;
(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 of their 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.
Chapter Ten. The Secretariat and Staff of the Community
Article 66. Establishment of the Secretariat
The Secretariat shall be the executive organ of the Community. 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.
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;
(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 harmonisation 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 organisation 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 pertaining to 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 other authority external to the Community. They shall 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 prior consent 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 Eleven. Co-operation In Trade Liberalisation 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 5 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 accordance therewith.
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 harmonisation 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 information 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 originating from 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.
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 safeguard measures.
2. The Council shall examine the method and effect of the application of existing safeguard measures and take decisions thereon.
Chapter Twelve. 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 goods from 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.
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 consultancy services through the establishment of joint industrial institutions and other infrastructural facilities;
(f) harmonise 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.