Eastern and Southern African Management Institute Act

48
THE EASTERN AND SOUTHERN AFRICAN
MANAGEMENT INSTITUTE ACT, 1987
No. 8 of 1987
Date of Assent: 30th July, 1987
Date of Commencement: 28th February, 1980
ARRANGEMENT OF SECTIONS
Section
1—Short title and commencement. 2—Interpretation. 3—Institute to have capacity of body corporate. 4—Transfer of assets and liabilities. 5—Financial provisions. 6—Certain provisions of Agreement to have force of law. 7—Amendment of Agreement. SCHEDULE
An Act of Parliament to provide for giving effect to certain
provisions of the Agreement establishing the Eastern and
Southern African Management Institute and for con-
nected purposes
WHEREAS the East African Management Institute was
established by the Governments of the Republic of Uganda.

ent Institute and for con-
nected purposes
WHEREAS the East African Management Institute was
established by the Governments of the Republic of Uganda.

the United Republic of Tanzania and the Republic of Kenya
under the East African Management Institute Act, 1974;
AND WHEREAS the Governments of the Republic of
Uganda, the United Republic of Tanzania and the Republic
of Kenya at a meeting held at Arusha, Tanzania on the 28th
February, 1980 decided that the East African Community
Management Institute should be converted into an Eastern
and Southern African Management Institute;
AND WHEREAS an Agreement establishing the Eastern
and Southern African Management Institute (hereinafter
referred to as "the Agreement") was signed at Arusha, Tanza-
nia, on the 28th February, 1980; •

and Southern African Management Institute (hereinafter
referred to as "the Agreement") was signed at Arusha, Tanza-
nia, on the 28th February, 1980; •

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1987 Eastern and Southern African
Management Institute
AND WHEREAS it is expedient that Kenya should make
provisions for giving effect to certain provisions contained in
the Agreement and fulfil its obligations thereunder :
NOW THEREFORE BE IT ENACTED by the Parlia-
ment of Kenya as follows : —
1. This Act may be cited as the Eastern and Southern
African Management Institute Act, 1987 and shall be deemed
to have come into operation on the 28th February, 1980. 2. In this Act, unless the context otherwise requires— Interpretation.

987 and shall be deemed
to have come into operation on the 28th February, 1980. 2. In this Act, unless the context otherwise requires— Interpretation.

"Agreement" means the Agreement establishing the
Eastern and Southern African Management Institute signed
at Arusha on the 28th February, 1980 which is set out in the
Schedule;
"Board" means the Governing Board of the Eastern and
Southern African Management Institute established by Article
V of the Agreement;
"former Community" means the East African Community
established by Article 1 of the Treaty for East African Co-
operation set out in the Schedule to the Treaty for East
African Co-operation Act (now repealed);
"Institute" means the Eastern and Southern African
Management Institute established by Article I of the Agree-
ment;
"the Management Institute" means the East African
Management Institute established by the East African
Management Institute Act, 1974 of the former Community. 3. (1) The Eastern and Southern African Institute
(hereinafter referred to as "the Institute") shall have the
capacity within Kenya of a body corporate w i th perpetual
succession, and shall have power to acquire, hold, manage,
and dispose of land and other property and to sue and be sued
in its own name.

th perpetual
succession, and shall have power to acquire, hold, manage,
and dispose of land and other property and to sue and be sued
in its own name.

(2) The Institute shall have power to perform any of the
functions conferred upon it by the Agreement and to do all
things (including borrowing) that in the opinion of the Board
are necessary or desirable for the performance of those
functions. Cap. 4. Institute to
have capacity
of body
corporate. Nab
Short title. and
commencement.

ecessary or desirable for the performance of those
functions. Cap. 4. Institute to
have capacity
of body
corporate. Nab
Short title. and
commencement.

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No. 8 . Transfer of
assets and
liabilities. Financial
provisions. Eastern and Southern African 1987
Management Institute
4. (1) All the assets and liabilities of the Management
Institute immediately before the commencement of this Act,
shall, as from that commencement, vest in the Institute, and
as from such commencement the Institute shall have all the
rights which the Management Institute has, and be subject
to all the liabilities to which the Management Institute is
subject, immediately before the commencement of this Act. (2) On and after the commencement of this Act, every
contract made by or on behalf of the Management Institute
(whether in writing or not and whether or not of such a nature
that rights and liabilities thereunder could be assigned to the
Management Institute) shall have effect as if made by or on
behalf of the Institute, and as if references therein to the
Management Institute and to any officer or authority thereof
were replaced, in relation to anything falling to be done on or
after such commencement, by reference to the Institute and
to the corresponding officer or authority of the Institute.

ything falling to be done on or
after such commencement, by reference to the Institute and
to the corresponding officer or authority of the Institute.

(3) Any proceedings by or against the Management
Institute pending immediately before the commencement of
this Act shall be continued by or against the Institute. 5.. (1) There shall be charged and paid out of the Conso-
lidated Fund without further appropriation than this Act all
payments required to be made from time to time by the
Government to the Institute under the terms of the Agree-
ment. (2) For the purposes of providing any sums required for
making payments under this section, the Minister for the time
being responsible for finance may, on behalf of the Govern-
ment, make such arrangements as are necessary, or raise loans
by the creation and issue of securities bearing such rates of
interest and subject to such conditions as to repayment,
redemption or otherwise as he thinks fit, and the principal
and interest of those securities and the charges and expenses
incurred in connection with their issue shall be charged on and
issued out of the Consolidated Fund.

of those securities and the charges and expenses
incurred in connection with their issue shall be charged on and
issued out of the Consolidated Fund.

(3) Moneys received by the Government from the
Institute under the Agreement or raised under subsection (2),
shall be paid into and form part of the Consolidated Fund and
shall be available in any manner in which the Consolidated
Fund is available.

ction (2),
shall be paid into and form part of the Consolidated Fund and
shall be available in any manner in which the Consolidated
Fund is available.

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Certain
provisions of
Agreement to
have force of
law. Amendment of
Agreement. 6. The provisions of the Agreement set out in the
Schedule to this Act shall have the force of law in Kenya. 7. If the Agreement is amended or modified the
Attorney-General shall cause a notice of the amendment or
modification and of the date when the amendment or modifi-
cation comes or is deemed to have come into operation, to be
published in the Gazette and a copy of the notice to be tabled
without undue delay before the National Assembly and such
amendment or modification shall, for the purposes of this Act,
come or be deemed to have come into operation on such date. SCHEDULE (s. 6)
Provisions of the Eastern and Southern African Management
Agreement which are to have the force of law in Kenya. ARTICLE I
ESTABLISHMENT AND NATURE OF INSTITUTE
I. There is hereby established the Eastern and Southern African
Management Institute (hereinafter referred to as "the Institute") which
shall operate in accordance with the provisions of this Agreement. 2. The Institute shall be a body corporate with perpetual
succession and a common seal.

l operate in accordance with the provisions of this Agreement. 2. The Institute shall be a body corporate with perpetual
succession and a common seal.

ARTICLE II
HEADQUARTERS OF THE INSTITUTE
The headquarters of the Institute shall be at Njiro Hill, Arusha,
in the United Republic of Tanzania (hereinafter referred to as the
"host country"). ARTICLE III
MEMBERSHIP OF THE INSTITUTE
1. Membership of the Institute shall be open to all States of
Eastern and Southern Africa, that is to say, Angola, Botswana,
Comoros, Djibouti, Ethiopia, Kenya, Lesotho, Madagascar, Malawi,
Mauritius, Mozambique, Seychelles, Somalia, Swaziland, Tanzania,
Uganda and Zambia and such other states of Eastern and Southern
Africa as the Governing Board may determine. 2. The members of the Institute (hereinafter referred to as "the
member States") shall be the States referred to in paragraph 1 of this
Article that accede to this Agreement.

stitute (hereinafter referred to as "the
member States") shall be the States referred to in paragraph 1 of this
Article that accede to this Agreement.

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3. Subject to their clear unequivocal expression of intent to
adhere to this Agreement, the countries referred to in paragraph 1 of
this Article and which have not adhered to this Agreement may after
the coming into force of this Agreement and until they adhere to
it be at liberty to use the facilities of the Institute and benefit from its
programmes upon terms and conditions determined by the Governing
Board. ARTICLE IV
OBJECTIVES AND FUNCTIONS OF THE INSTITUTE
1. The objectives of the Institute shall be to improve the per-
formance and management effectiveness of public and private institu-
tions and enterprises within the member states.

tute shall be to improve the per-
formance and management effectiveness of public and private institu-
tions and enterprises within the member states.

(2) In pursuance of the foregoing objectives, the Institute shall
carry out the following principal functions—
(a) promote, organize, co-sponsor or facilitate the organization of
management training courses, workshops, seminars, or
symposia designed to enhance the skills and performance
effectiveness of management personnel in the services of
public, parastatal and private institutions and enterprises
within the member States of the Institute;
(b) serve as specialized regional centre for training, research and
consultancy in different functional management fields with
particular focus on the management of public enterprises,
including the specialized subsectors mentioned in sub-
paragraph (f) of this paragraph, and offer appropriate
examination courses and certification in these fields;
(c) undertake, co-sponsor or facilitate the conduct of studies on
administration or management problems connected with the
socio-economic and technological development of the member
States;
(d) provide management consultancy services to public and private
institutions within its member States, at their request;
(e) provide documentation and information services and act as a
conference centre in the field of management;
(f) endeavour to test, evaluate, develop and disseminate new
management techniques in such strategic sectors and areas
as financial management, project appraisal and communica-
tions management; the management of public enterprises,
public organizations and institutions; materials management;
natural resources management; science and technology
management; administration of health and hospital manage-
ment; industrial and agro-industrial planning and manage-
ment;

ment; science and technology
management; administration of health and hospital manage-
ment; industrial and agro-industrial planning and manage-
ment;

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(g) collaborate with national, regional and international manage-
ment development institutions and associations in carrying
out any or all of the above activities. ARTICLE V
ADMINISTRATION AND ORGANS OF THE INSTITUTE
The Institute shall have the following organs and administrative
structure:
(a) a Governing Board;
(b) an Academic Board;
(c) the Director and Deputy Director of the Institute. ARTICLE VI
THE GOVERNING BOARD : COMPOSITION, POWERS AND FUNCTIONS
1.

d;
(b) an Academic Board;
(c) the Director and Deputy Director of the Institute. ARTICLE VI
THE GOVERNING BOARD : COMPOSITION, POWERS AND FUNCTIONS
1.

The Governing Board shall consist of:
(a) a chairman elected by members of the Governing Board from
among themselves;
(b) a deputy chairman elected by members of the Governing
Board from among themselves;
(c) one representative of each member State nominated by the
Government on the basis of his qualifications, management
expertise and relevant experience;
(d) representatives of such international, regional and private
business organizations as the Governing Board may from
time to time invite; and the representatives referred to herein
shall have no right to vote;
(e) a senior member of the academic staff of the Institute elected
for that purpose by the academic staff, who shall have no
right to vote;
(f) the Director of the Institute who shall have no right to vote. 2. Re-election to the Governing Board.—A member of the
Governing Board elected under the provisions of subparagraph (a)
and (b) of paragraph 1 of this Article shall hold office for two years
in the first instance and may be eligible for re-election for a further
term of office. 3. Powers and functions of the Governing Board.—The Governing
Board shall be the supreme policy making organ of the Institute.

further
term of office. 3. Powers and functions of the Governing Board.—The Governing
Board shall be the supreme policy making organ of the Institute.

It
shall in particular—
(a) determine the general principles and policies governing the
activities of the Institute;

It
shall in particular—
(a) determine the general principles and policies governing the
activities of the Institute;

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8 Eastern and Southern African 1987
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(b)consider and approve the work programmes and corresponding
budgets of the Institute;
(c) consider and approve the annual reports of the Director of
the Institute on the activities and progress of the Institute,
including budgetary and financial report for the year ended;
(d) determine the annual and special contributions to be paid by
the member States of the Institute and matters related
thereto;
(e) upon the recommendation of the Director of the Institute,
appoint, promote and discipline senior administrative,
academic and technical staff of the Institute as well as deter-
mine their terms and conditions of service, provided that any
such recommendation by the Director shall have the prior
endorsement of the Appointments and Promotions Com-
mittee set up by the Academic Board in accordance with the
provisions of subparagraph (d) of paragraph 5 of Article IX
of this Agreement;
(f) appoint the Director and Deputy Director of the Institute;
(g) appoint annually professionally qualified auditors to audit the
accounts of the Institute;
(h) establish such special or technical committees as it may deem
necessary or desirable;
(1) give approval to the Director or other agent to seek and
receive, on behalf of the Institute, subventions, gifts, dona-
tions, grants, other moneys or gifts in kind for the purpose
of the Institute;
(j) approve the financial, staff and other rules and regulations of
the Institute;
(k) on the recommendation of the Academic Board, determine
diplomas, certificates and honours to be granted by the
Institute in accordance with the provisions of subparagraph
(a) of paragraph 1 of Article XV of this Agreement;
(1) award, on the recommendation of the Academic Board, dip-
lomas, certificates and honours to students who satisfactorily
complete prescribed courses;
(m) submit through its chairman annual reports to member States;
(n) generally perform such other functions as may be necessary,
desirable or incidental to the achievement of the objectives
of the Institute or which may contribute thereto.

ch other functions as may be necessary,
desirable or incidental to the achievement of the objectives
of the Institute or which may contribute thereto.

ARTICLE VII
POWERS AND- DUTIES OF THE CHAIRMAN OF TFIE GOVERNING BOARD
The Chairman of the Governing Board shall
(a) convene and preside over meetings of. the Governing Board
and arrange its agenda;

F TFIE GOVERNING BOARD
The Chairman of the Governing Board shall
(a) convene and preside over meetings of. the Governing Board
and arrange its agenda;

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1987 Eastern and Southern African No. 8
Management Institute
(b) submit to member States annual reports;
(c) assist the Governing Board in promoting the objectives of the
Institute and in mobilizing resources from bilateral and
multilateral sources for the development of the Institute and
in support of its programmes of activities;
(d) undertake such other functions and exercise such powers as
may be expressly provided for or inherent in this Agreement
with respect to the office of the Chairman of the Governing
Board or as may be specifically requested or conferred by
the Board. ARTICLE VIII
MEETING OF THE GOVERNING BOARD
I. The Governing Board shall meet in ordinary session twice
every year. It may meet in an extraordinary session if it so determines
or convened by the Chairman or if requested by at least one-third of
its voting members. 2. The ordinary and extraordinary sessions of the Governing
Board shall be held at the headquarters of the Institute unless
convened elsewhere in pursuance of a decision taken at a previous
session of the Board. 3. Decisions of the Governing Board shall normally be by
consensus. 4.

elsewhere in pursuance of a decision taken at a previous
session of the Board. 3. Decisions of the Governing Board shall normally be by
consensus. 4.

Subject to the provisions of this Agreement, the Governing
Board shall determine its own procedure, including that for the con-
vening of its sessions, quorum and the conduct of business thereto. 5. Appropriate records of the deliberations and decisions of the
Governing Board shall be maintained by the Director of the Institute. ARTICLE IX
ACADEMIC 'BOARD
Composition :
1. There shall be an Academic Board consisting of—
(a) the Director and Deputy Director of the Institute, all heads
of Divisions, the Registrar of the Institute, and not more
than four members elected by the academic staff from among
themselves;
(b) two persons appointed by the Governing Board on the basis
of their contribution to management development;
(c) such other persons as the Academic Board may think fit to
co-opt. 2. The Director of the Institute shall be the Chairman of the
Academic Board and the Registrar of the Institute shall serve as its
Secretary.

co-opt. 2. The Director of the Institute shall be the Chairman of the
Academic Board and the Registrar of the Institute shall serve as its
Secretary.

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3. All elected and appointed members under subparagraphs
(a) and ,(b) of paragraph 1 of this Article shall hold office for two
years and may be eligible for re-election or re-appointment as the
case may be. 4. The Academic Board shall meet at least quarterly in ordinary
session and may meet in extraordinary session if convened by the
Chairman or so requested by one third of its members. 5.

least quarterly in ordinary
session and may meet in extraordinary session if convened by the
Chairman or so requested by one third of its members. 5.

Functions.—The Academic Board shall be responsible for the
following duties—
(a) review academic and research programmes, including special
regional or country programmes submitted to it by heads of
Divisions and submit its recommendations to the Governing
Board for approval;
(b) determine diplomas, certificates, and honours to be awarded
by the Institute, the conditions to be fulfilled for the grant
of each award and make recommendations thereon to the
Governing Board;
(c) undertake annual comprehensive reviews of the programmes
and activities of the Institute, evaluate programme strategies
and priorities and submit its recommendations to the Govern-
ing Board;
(d) subject to the provisions of subparagraph (f) of paragraph
3 of Article VI, set up an Appointments and Promotions
Committee which shall have the responsibility of making
recommendations for appointment, promotion, termination
of service and descipline of the staff of the Institute; in case
of senior academic, administrative and technical staff, the
Committee shall send its recommendations through its Chair-
man to the Governing Board for its consideration and
approval and in the case of junior staff the recommendations
of the Committee shall be made only to the Director of the
Inistitute;
(e) determine its own rules of procedure as well as the rules and
guidelines to govern the activities of the Appointments and
Promotions Committee;
(f) generally perform such other functions as may be necessary,
desirable or incidental to the maintenance of the highest
standard of efficiency, integrity and performance by the staff
of the Institute and the achievement of academic excellence
in the training and research programmes of the Institute.

ity and performance by the staff
of the Institute and the achievement of academic excellence
in the training and research programmes of the Institute.

ARTICLE X
THE DIRECTOR
1. The Institute shall have a Director who shall be appointed as
provided for under subparagraph (f) of paragraph 3 of Article VI of
this Agreement. The Director shall serve for a term of three years and
shall be eligible for re-appointment.

graph (f) of paragraph 3 of Article VI of
this Agreement. The Director shall serve for a term of three years and
shall be eligible for re-appointment.

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1987 Eastern and Southern African
Management Institute
2. The Director shall be assisted by a Deputy Director who shall
be appointed as provided for under subparagraph (f) of paragraph 3
of Article VI of this Agreement. The Deputy Director shall serve for
a term of three years and be eligible for re-appointment. 3. The Director shall be the chief executive officer and academic
and administrative head of the Institute. He shall, in accordance with
the policies, decisions and directives of the Governing Board, have
responsibility for the organization, direction and efficient administra-
tion of the Institute. 4.

cisions and directives of the Governing Board, have
responsibility for the organization, direction and efficient administra-
tion of the Institute. 4.

The Director shall be responsible to the Governing Board for
the following duties—
(a) proper administration of the Institute in accordance with the
general principles, policies and regulations determined by the
Governing Board;
(b) submission of the draft work programme and corresponding
budget of the Institute to the Governing Board for its consi-
deration and approval;
(c) the execution of the approved work programme of the institute
and the proper management of its finances;
(d) submission of annual and progress reports on the activities
of the Institute, including financial statements on its income
and expenditure, to the Governing Board for its considera-
tion;
(e) submission to the Governing Board of names of persons
recommended for appointment in accordance with the pro-
visions of subparagraph (e) of paragraph 3 of Article VI of
this Agreement;
(f) appointment of staff of lower grades other than those referred
to in subparagraph (e) of paragraph 3 of Article VI of this
Agreement;
(g) collaboration with national and international organizations
and institutions that may be interested in promoting the
objective of the Institute;
(h) undertake such work and perform such services relating to
the objectives of the Institute as may be assigned to him by
the Governing Board and also make such proposals thereto
as may further the overall objectives of the Institute;
(I) subject to the provisions of this Agreement provide secretarial
services to the Governing Board and all other organs of the
Institute established under this Agreement.

ovisions of this Agreement provide secretarial
services to the Governing Board and all other organs of the
Institute established under this Agreement.

ARTICLE XI
FINANCIAL RESOURCES
I. The financial resources of the Institute shall consist of—
(a) such moneys as member States shall provide from time to
time for the purpose of the Institute, as stipulated in Article
XVI paragraph (h);
No. 8

—
(a) such moneys as member States shall provide from time to
time for the purpose of the Institute, as stipulated in Article
XVI paragraph (h);
No. 8

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(b) contributions by way of grants, gifts, donations and subven-
tions received from bilateral and multilateral organizations,
foundations or from other sources in support of projects and
activities approved by the Governing Board;
(c) tuition and other fees derived from the programme activities
of the Institute, particularly from its training course and
consultancy services;
(d) such moneys or movable and immovable assets as may in
any manner become payable to, or vested in the Institute in
pursuance of the provisions of this Agreement or in relation
or incidental to the carrying out of its functions. 2. The acceptance by the Institute of contributions or income
under the provisions of subparagraphs (b) and (d) of paragraph 1 of
this Article shall in every case receive the approval of the Governing
Board and be subject to the financial rules and regulations of the
Institute. ARTICLE XII
ANNUAL BUDGETS
1.

case receive the approval of the Governing
Board and be subject to the financial rules and regulations of the
Institute. ARTICLE XII
ANNUAL BUDGETS
1.

At least three months before the commencement of each
financial year, the Director shall prepare for submission to the
Governing Board the annual budgets of revenue and expenditures
of the Institute for that financial year. 2. The Governing Board shall, before the commencement of
each financial year, consider and approve, subject to such modifications
and amendments as it may consider appropriate, the annual budgets
prepared under paragraph 1 of this Article for that financial year. 3. Each annual budget shall separately show resources derived
from (i) the contributions of member States; (ii) the programme
earnings of the Institute; (iii) income derived from bilateral and
multilateral sources; and (iv) any other income, and shall indicate
distinctly the current and capital expenditure to be charged against
incomes. 4. In the event of the budget for the coming year not being
approved by the Governing Board as of 31st December of the year
ending, the Director of the Institute shall be empowered to use up to
three months budget of the year just ended. ARTICLE XIII
ACCOUNTS AND AUDIT
1.

r
ending, the Director of the Institute shall be empowered to use up to
three months budget of the year just ended. ARTICLE XIII
ACCOUNTS AND AUDIT
1.

The Governing Board shall cause to be maintained proper
books of accounts and shall, within three months after the close of
each financial year, cause the accounts relating to such financial year,
together with a statement of income and expenditure and a statement
of the assets and liabilities of the Institute for that financial year, to
be submitted to professionally qualified auditors for auditing.

a statement
of the assets and liabilities of the Institute for that financial year, to
be submitted to professionally qualified auditors for auditing.

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2. The accounts of the Institute shall be audited by auditors
appointed under subparagraph (g) of paragraph 3 of Article VI of
this Agreement, and shall have, in respect of the Institute, the same
powers and duties as are conferred or imposed on auditors in the host
country. 3. All funds of the Institute and grants received from multilateral
and bilateral sources shall be paid into the account of the Institute
with banks approved by the Governing Board. ARTICLE XIV
TRANSFER OF ASSETS AND LIABILITIES AND TRANSITIONAL PROVISIONS
1. Upon the coming into force of this Agreement, the Govern-
ments of the Republic of Kenya, the United Republic of Tanzania and
the Republic of Uganda in whom the assets and liabilities of the
East African Management Institute are now vested, shall be deemed
to have transferred to, and vested in, the Institute the aforementioned
assets and liabilities. 2.

anagement Institute are now vested, shall be deemed
to have transferred to, and vested in, the Institute the aforementioned
assets and liabilities. 2.

Upon the coming into force of this Agreement, the assets and
liabilities deemed to have been transferred to, and vested in, the
Institute by virtue of paragraph 1 of this Article, shall by virtue of
this paragraph and without further assurance be transferred to, and
vested in, the Institute and from that day the Institute shall, in respect
of such assets and liabilities so transferred and vested, have all the
rights and be subject to all the liabilities which the East African
Management Institute has, or is subject to, immediately before the
coming into force of this Agreement. 3. All future capital expenditures for the expansion and improve-
ment of the facilities of the Institute shall be the joint responsibility
and common interest of all States adhering to this Agreement. 4. Every contract or agreement, including contracts of employ-
ment, made by or on behalf of the East African Management Institute
by authorized representatives of that Institute (whether of such a
nature that rights and liabilities thereunder can be assigned by that
Institute) shall have the same effect as if made by or on behalf of the
Institute. 5.

e that rights and liabilities thereunder can be assigned by that
Institute) shall have the same effect as if made by or on behalf of the
Institute. 5.

Any proceedings by or against the East African Management
Institute pending before the coming into force of this Agreement shall
be continued by or against the Institute. 6. Reference to the East African Management Institute in any
law or document shall be construed as references to the Institute. 7. Upon the coming into force of this Agreement, the Director
of the East African Management Institute and other persons then in
the employment of that Institute or rendering service to it shall,
without prejudice to the powers vested in the Governing Board, the
Academic Board and the Director of the Institute under this Agree-
ment, and as the case may be, become employees of, or render service
to, the Institute on the same terms and conditions of service hitherto
enjoyed by them with the East African Management Institute.

, or render service
to, the Institute on the same terms and conditions of service hitherto
enjoyed by them with the East African Management Institute.

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ARTICLE XV
REGULATIONS OF THE INSTITUTE
1. The Governing Board may make regulations for the better
carrying out of the objectives of this Agreement and, without pre-
judice to the generality of the foregoing, may make regulations—
(a) prescribing diplomas, certificates and other awards which may
be granted or conferred by the Institute and the conditions
to be fulfilled before they are granted;
(b) relating to the conduct of examinations;
(c) prescribing fees or other payments in respect of admission to
the training courses of the Institute or the conduct of
consultancy services;
(d) regarding the proper management of the finances of the
Institute;
(e) governing the terms and conditions of service of the staff of
the Institute;
(f) providing for disciplinary action against the officers and other
staff of the Institute and for supervisory measures over any
persons undergoing a course of study conducted by the
Institute. 2.

he officers and other
staff of the Institute and for supervisory measures over any
persons undergoing a course of study conducted by the
Institute. 2.

Regulations made under the preceding paragraph shall be
circulated to all member States for their information and to all other
organizations and institutions interested in the objectives of the
Institute. ARTICLE XVI
OBLIGATIONS OF MEMBER STATES OF THE INSTITUTE
The member States of the Institute shall co-operate in every way
to assist the Institute in achieving its objectives, and shall in parti-
cular—
(a) take all such steps as may be necessary to implement the
decisions of the Governing Board;
(b) facilitate the collection, exchange and dissemination of in-
formation, reports and other documents relating to manage-
ment development, consultancy and research, as may be
requested by the competent organs and officials of the
Institute;
(c) make available training, consultancy and research facilities on
such terms and conditions as may be agreed upon with the
competent organs of the Institute; lb-

lable training, consultancy and research facilities on
such terms and conditions as may be agreed upon with the
competent organs of the Institute; lb-

61
1987 Eastern and Southern African
Management Institute
(d) where feasible make available national personnel for the
operations and activities of the Institute on such terms and
conditions as may be agreed upon with the competent organ
of the Institute;
(e) pay promptly their special contributions to the budgets of the
Institute as may be determined by the Governing Board or
as may be mutually agreed for particular programmes or
projects to be carried out in their territories by the Institute;
(f) ensure proper accounting for any grants or reimburseable
loans received from or through the good offices of the
Institute for specific programme activities;
(g) support the programmes and activities of the Institute;
(h) make financial contributions promptly within the financial year
of the Institute to the capital and recurrent budgets of the
institute on the basis of an assessment formula agreed to by
the member States of the Institute;
(1) accord to the Institute such facilities, privileges and immunities
as may be required under Article XVIII of this Agreement. ARTICLE XVII
CO-OPERATING STATES AND INSTITUTIONS
I.

h facilities, privileges and immunities
as may be required under Article XVIII of this Agreement. ARTICLE XVII
CO-OPERATING STATES AND INSTITUTIONS
I.

Subject to the provisions of this Agreement the Governing
Board may seek and maintain active co-operation with governments,
organizations or institutions not parties to this Agreement (collectively
referred to in this Agreement as "co-operating States and institutions"),
which are desirous of assisting the Institute or its member States in
achieving the objectives of the Institute. 2. Subject to the provisions of this Agreement, the Governing
Board may enter into arrangements with co-operating States and
institutions, defining methods of co-operating in general or relating to
individual activities or projects. 3. In furtherance of the provisions of the preceding paragraph,
the Governing Board may seek assistance from co-operating States
and institutions for the implementation of approved projects of the
Institute and in acting as executing agency in respect of such
projects which it has been able to obtain assistance from co-operating
States and institutions under the provisions of this subparagraph. 4. The Institute shall maintain a close consultative and co-
operative relationship with the United Nations Economic Commission
for Africa.

paragraph. 4. The Institute shall maintain a close consultative and co-
operative relationship with the United Nations Economic Commission
for Africa.

The Economic Commission for Africa, in furtherance of
this co-operative arrangement, is expected, within the limits of its
resources, to assist the Institute generally and more particularly in
promoting the programmes and corporate image of the Institute. 5. The Institute shall also maintain close contact and collaboration
with appropriate United Nations agencies and other institutional
organizations for the achievement of its objectives and the imple-
mentation of its programme of activities. No. 8

ns agencies and other institutional
organizations for the achievement of its objectives and the imple-
mentation of its programme of activities. No. 8

62
No. 8 Eastern and Southern African 1987
Management Institute
ARTICLE XVIII
STATUS, CAPACITY, PRIVILEGES AND IMMUNITIES
1. To enable it to achieve its objectives and perform the functions
entrusted to it, the Institute shall possess in the territory of each
member State an independent juridical personality. To this end, the
status, capacity, privileges, immunities and exemptions, set forth in
paragraphs 2 to 12 of this Article shall be accorded to the Institute in
the territory of each member State. 2. The Institute shall for the purposes of this Agreement have
the capacity—
(a) to enter into contracts;
(b) to sue and be sued;
(c) to acquire and dispose of movable or immovable property;
(d) subject to the provisions of this Agreement, have power to
borrow such sums of money as it may require for its
purposes. 3. The Institute, its property and assets sli:111 enjoy immunity
from every form of legal process, except insofar as in any particular
case it has, through the Director of the Institute, expressly waived its
immunity:
Provided, however, that no waiver of immunity shall extend to
any measure of execution. 4. The Institute shall be inviolable.

sly waived its
immunity:
Provided, however, that no waiver of immunity shall extend to
any measure of execution. 4. The Institute shall be inviolable.

The property and assets of
the Institute shall be immune from search, requisition, confiscation,
expropriation, and any other form of interference by legislative,
executive, judicial or administrative action. 5. The archives of the Institute, and in general all documents
belonging to it or held by it, shall be inviolable. 6. The Institute, its property, assets, income and transactions shall
be exempt from all taxation and from customs duties, prohibitions
and restrictions on imports and exports in respect of articles imported
or exported by the Institute for its official use. The Institute shall also
be exempt from any obligation relating to the payment, withholding
or collection of any tax or duty. 7. Representatives of the member States attending meetings of
the Institute and who are not otherwise officials of the United Nations,
shall enjoy such privileges and immunities as are provided for
mutatis mutandis by Article TV of the Convention on Privileges and
Immunities of the United Nations.

uch privileges and immunities as are provided for
mutatis mutandis by Article TV of the Convention on Privileges and
Immunities of the United Nations.

63
No. 8
1987 Eastern and Southern African
Management Institute
8. Officials of the Institute who are not otherwise officials of
the United Nations or of the specialized agencies of the United
Nations shall enjoy such privileges and immunities as are provided for
mutatis mutandis by Article V of the Convention on Privileges and
Immunities of the United Nations. 9. Without prejudice to the foregoing provisions, the member
States undertake to accord to all representatives of the member States
of the Institute, all officials of the Institute, who are not nationals of
the member States of the Institute concerned, representatives of the
Organization of African Unity and co-operating States and institutions,
such facilities and courtesies as are necessary for the exercise of their
functions in connection with the Institute. 10.

ing States and institutions,
such facilities and courtesies as are necessary for the exercise of their
functions in connection with the Institute. 10.

The Director of the Institute shall, in consultation with the
host country and the country of the nationality of the official have the
right and duty to waive the immunity of any official of the Institute
who is not an official of the United Nations or of a specialized agency
of the United Nations or of any other international agency linked
with the Institute in cases where in his opinion the immunity would
impede the cause of justice and can be waived without prejudice to
the interest of the Institute. 11. All persons undergoing training or taking part in a scheme
for the exchange of personnel at the Institute or organized elsewhere
within the territory of a member State of the Institute in pursuance
of the provisions of this Agreement and who are not nationals of the
member State of the Institute concerned, shall have the right of entry
into, sojourn, or exit as is necessary for the purpose of their training
or the exchange of personnel. They shall be granted facilities for
speedy travel and visas, where required, shall be granted promptly
and free of charge. 12.

exchange of personnel. They shall be granted facilities for
speedy travel and visas, where required, shall be granted promptly
and free of charge. 12.

Officials of the United Nations or specialized agencies of the
United Nations performing functions in connection with the Institute
shall respectively enjoy the privileges and immunities provided under
the Convention on Privileges and Immunities of the United Nations
or the Convention on Privileges and Immunities of the Specialized
Agencies as the case may be. 13. The Institute shall co-operate at all times with the appropriate
authorities of the member States to facilitate the proper administration
of justice, secure the observance of national laws and prevent the
occurrence of any abuse in connection with the priviliges, immunities,
and facilities mentioned in this Article. 14. The chairman of the Governing Board shall conclude with
the host country an appropriate headquarters agreement in relation
to the Institute.

icle. 14. The chairman of the Governing Board shall conclude with
the host country an appropriate headquarters agreement in relation
to the Institute.

64
No. 8 Eastern and Southern African 1987
Management Institute
ARTICLE XIX
AMENDMENTS
1. Any State of the Institute may submit proposals in writing for
the amendment of this Agreement. 2. Any such proposals shall be submitted to the chairman of the
Governing Board who shall transmit them to the other member States
of the Institute for their comments and subsequently to the Governing
Board for consideration and approval by two-thirds majority. 3. The Governing Board shall make rules and regulations for the
application of the provisions of this Article. ARTICLE XX
WITHDRAWAL, SUSPENSION OF MEMBERSHIP OR DISSOLUTION
1. Any member State of the Institute wishing to withdraw from
the Institute shall give to the Chairman of the Governing Board one
year's notice in writing. At the end of this period of one year, if such
notice is not withdrawn, such member State shall cease to be a member
State of the Institute. 2. The membership of the member State that has given notice of
withdrawal shall continue until its notification of withdrawal becomes
effective.

tute. 2. The membership of the member State that has given notice of
withdrawal shall continue until its notification of withdrawal becomes
effective.

A member State withdrawing from the Institute shall continue
to be held responsible for obligations incurred during its period of
membership. 3. Any member State of the Institute which fails for one year to
meet its membership obligations under Article XVI of this Agreement
and which will not have paid by the end of the first quarter of the
second year, shall, be suspended until such time as it fulfils its obliga-
tions to the Institute in full. A suspended member State shall continue
to be held responsible for obligations incurred during its period of
membership. 4. A disqualified member shall forfeit all rights and privileges of
the Institute. 5. In the unlikely event of dissolution the assets and liabilities of
Eastern and Southern African Management Institute shall •be treated
in accordance with international conventions. ARTICLE XXI
SETTLEMENT OF DISPUTE
Any dispute that may arise among the member States of the
Institute regarding the interpretation or application of this Agreement
shall be amicably settled by direct agreement between the parties.

ates of the
Institute regarding the interpretation or application of this Agreement
shall be amicably settled by direct agreement between the parties.

In
the event of a failure to settle such a dispute, the matter may be
referred to the Governing Board by a party to such dispute and the
decision of the Board shall be final.