African Export-Import Bank Agreement (Implementation) Act

The Executive-Secretary shall appoint such tellers and other assistants and take such other action as he deems neces sary for the conduct of the election.

One ballot form shall be furnished before a ballot is taken to each Representative entitled to vote. On any particu lar ballot, only ballot forms distributed for that ballot shall be counte d.

1 Footnote repealed by the General Meeting resolution No. AFREXIM/7GM/2000/006 relating to the first amend ments to this Charter (adopted in Tunis on 8 May 2000)

Each ballot shall be taken as follows:

Elimination of Nominees If on any ballot two or more nominees shall receive the same number of votes, no nominee shall be dropped from the next succeeding ballot, but if the same situation is repeated on such succeeding ballot, the Executive-Secretary shall eliminate by lot all such nominees, except one who shall be deemed elected.

Announcement of Results After the last ballot, the Executive-Secretary shall cause to be distributed a statement setting forth the result of the election. Part II: Special Rules for the Election of Class "A" Directors

For the election of Class "A" Directors, the Representatives of Class "A" Shareholders, other than the African Development Bank,in shall (1)

group themselves into three country groupings having the aggregate, as far as possib le equal voting power s. Such groupi ngs shall be constituted by the Representatives of Class "A"tive Shareholders notwithstanding the geogra phical locatio n of their respec countries or regions; and

with the building or buildings , structures and installations ican erected upon it, as may from time to time be defined in a on schedule or schedules to this Agreement; and ican

tures or installations which may from time to time be included, temporarily or permanently, in the Hea dquarters Seat in accordan ce with this Agreement or by suppleme held ntal agreements with the Government.

k (e) "Laws of the Republic/Kingdo m of -..." includes 4 the Constitution of i the Republic/Kingdo m of ............260 ..... 4 and legislative acts, decrees, regu lations and orders issued by, or ing under authority of, the Governm ent or any appropriate authority this in the Republic/Kingdom of ............... of ............ ; (f) "Officials of the Bank" means, all members of the staff of the Bank with the exception of those recruited locally on hourly rates;

shall not be ovedqu rs temporarily to ano ther plac e sha ll not transfer of the heal of arte the headquarters unleeffessct.the com pete nt orga n of constitute a remova ress the Bank takes an exp decision to that

that may be req uired in order to shall not be dispossessed its rights in the of ensure that the Bannor deprived of the enjoyment of such rights except Headquarters Seat with the express consent of the Bank. tees which may ed ...eceeeeeeeeseer in or Outside Of ......Gov be

ernmen t for mee ting s con ven used with the arters Seat. by the Bank shall be temporarily included in the Headqu

the Republ ic/Kingdom ry ofto essa whatever action may be necpart sdaseceediecarstaseetmandes nottake ll be dispossessed of all or any of the ensure that the Bank shaout the express consent of the Bank. Headquarters Seat with Article IV

time to times outestasideblishthe and research operate area , The Bank mayandfrom technical facilitie hea dqu arte rs . The documentation horities of the Republic/Kingdom BE. sc caaysteni sqanncilians® Appropriate Aut ts in such manner as may the Bank, make arrangeformen shall, at the request ofplem acquisition or useusiobyntheof be agreed upon in sup ental agreements posthe incl Bank of appropriate premises for sucht. pur es for theand such premises in the Headquarters Sea Article V

the extraterritoriality ofitytheofHea dquarters

author the Bank as und Seat, which shall beeem provided in this Agr ent.

ise provided in this Agr eement, and subject tolaw any

Article VIshall apply withins her eof, the regulations enacted under e ee of the Republic/Kingdom . the Headquarters Seat

African Export-Import Bank Agreemen t Act 2 (Implementation) Act 2019 Article VI

regulations operative within the Headquarters Seat, for the purpo se of establishing therein Conditions in all respects necessary for the full execution of its functions.

The provisions of this Article shall not preclude the reasonable application of fire protection or sanita ry regulations of the Appropriate Authorities of the Republic/Kingdom Of .......6.e.ceeeecec0000.....

Article VII

The Headquarters Seat shall be inviolable. No officer or official of the Republic/Kingdom of ..........000cccceccc cceeee , be they administrative, judicial, military or police or other person exercising any public authority within the Republic/ Kingd omypof gsevecsoe des 28cct coc shall enter the Headquarters Seat to perfo rm any duties therein except with the consent of, and under conditions approved by, the President. The service of legal process, including the seizure of private property, shall not take place within the Headq uarters Seat except with the express consent of the President.

Without prejudice to the provisions i)

of the Agreement for the establishment of the Bank or the prese nt Agreement, the Bank shall prevent the Headquarters Seat from being used as a refuge by persons who are avoiding arrest under any law of the Republic/Kingdom of 09 6s ann an eapagtillnee eeonia who are requir ed by the Government for extradition to another country, or who are endeavouring to avoid service of legal process.

Article VIII

The Appropriate Authorities of the Republic/Kingdom of Sse daar placenames shall exercise due diligence to ensure that the tranquility of the Headquarters Seat is not disturbed by any person or group of persons attempting unaut horized entry into or creating disturbances in the immediate vicinity of the Headquarters Seat. They shall ensure the presence of the necessary police force for the protection of the Headquarters Seat.

African Export-Import Bank Agreement 2019 Act 2 (Implementation ) Act nt, the Appropriatese Autshahorll itie ted by the Presidecsccc s of the

ic/ gdom Of secc ccceececceeesoee Republ of law and order en for the preservtheatiorefrn om sufficient number of polit cem and for the removal of any person at the Headquarters Searequired by the President. or group of persons as Article IX

horities of ona the Republtoic/Kensinguredom of The Appropcscsriatcsooe sss Aut ll take all reas preble steps that the seccececccccccsc Headqusha rs Seat are not jud iced and that the purposes amenities of the dquartearte is required are notHeaobstructed by any use for which the Heaor buildinrsgsSeaint the vicinity of the dquarters Seat. made of the land Article X

horities ofe, the ropriate Autsha Republic/King dom of

ee ll exercissestos wittheh resp £3 SIRE OT ers which they pos dquarters Seaect to the sup d President, the spow ure that thenecHea t shall be supudiplieng, utility service to enswith the essary public services, incl on equitable termsby reason of this enumeration, electricity, water, without limitation phone, telegraph, local transportation, drainage, sewerage, gas, tele collection of refuse and fire protection. In case of any inte rruption or threaten ed interruption ofinganydomsucofh services, the App ities of the Rep ropriate Authorside ublic/K being the Bank as , Nn

Pelt Ae uwcnnnsneseeh shall con r the nee ds of nce with those ialof age of equal importasion tional organizations other interna Government and ncies of the diplomatic mis saryandstepesss toentensure that shall take all necess the work of the Bank is not prejudiced.

nt shall uporesen req able arrange uest makethesuitapp ble ments to enaices

e public utilities dul horinspizedect,reprepair,ntamativeintas in,of reconstructropriat bodies to ins and sewers within the HeadquarterelorscateSeat unde} and conduits, ma ich shall not unreasonably disturb the carrying out of tht conditions wh functioning of the Bank.

African Export-Import Bank Agre = Act 2 (Implementation) Act ement

7 2019 | Part III: Communications, Publications ard ".ranspor tation order on Article XI

official communications, treat ment not less favourable than that acco rded by the Government to international organizations or any diplomatic missions accredite d to the Republic/Kingdom of .............0 0..00000..-.. in the matter of prio of and rities rates on mail, cables, telegrams, radiograms, the telephotos, telephones and other communications as well as press rates ses for information to press, radio or television. y use

d to the Bank, members of its Board of Directors, President, Vice-Pre sidents or any officials headquarters and Principal at the office, and all outward offic ial communications of the Bank , by whatever means or in wha of tever form transmitted, shall be immune from censorsh ip and from any othe r form y the of interception or interference.

y of 3. The Bank shall have the right to use codes and to dispatch and receive lied correspondence and other official com ing, munications in whatever form by courier or in sealed bags, which shal l enjoy the same privilege ter, immunities as diplomatic couriers and bags s and . se, ees

Nothing in this Article shall be : construed as precluding the adop ; of appropriate precautionary mea tion sures, particularly, in the event such of an emergency in the Republic/Kingdom of ...........-.600000-000.... of as may be determined by agreement between the Government and the being Bank in order to prevent or avoid abuse ions, of the immunities and exemptions provided in this Article.

Ss not ll and Operate such equipment as may be necessary for the prop : ' er performance of its functions . ble |

yees of the Bank, who : are not local nationals of the Republic/King dom of ......0.0..0. | 0..00. shall be exe from customs duties mpt and other levies, pro hibitions and Testric the importation of tions on motor vehicles and spa household effects, equipm re Parts thereof, and ent and furniture. Such granted exemption shall be to the extent, and in the manner it is enjoyed by resident members of the staff of international organiz ations and diplomatic missions accredited _to the Republic/Kingdom of

ll, whenever gasoline lubricating oils are ES or other fuels and AT Rae TINE ST » if requested, assist the Bank in the Procurement of gasolin ; e or other fuels and lubricating oils for each such automobile ope rated by the Bank or personnel. its

event that such articles are sold or disposed of Republic/Kingdom of .... in the ........ Peecastessssaes » duty the appropriate rates unle shall be payable at ss the articles are sold persons or organiz or disposed of to ations enjoying the same privilege.

accord to the Bank and officers and employee of the Bank who are not s local nationals of the Rep tsseese scone ublic/Kingdom of smameneemnee ne all other privileges, exemption s and as are accorded by facilities the Government to international org anizations and diplomatic missions accredited to the Republic/Kingdom vinevesweladleecngs SaaS of ce and resident memb ers of their staff.

generality of Articles IX, XIV and XV of the Agreement for the esta blishment of the Ban k by the following enumeration, the Bank may freely:

African Export-Import Bank Agreement 2015 Act2 (Implementation) Act (ii) purchase, hold and dispose of national currencies; (iii) purchase, hold and dispose of convertible, curr encies, securities e, negotiable instruments and transfer the sam bills of exchang om to, from or within the territory of the Republic/Kingd operate accounts in naticexevonaadnel curr (iv) open, maintain andRep ency withi sicaa pansUers nrncn the territory of the ublic/Kingdom OE unts in th (v) open, maintain and operate convertible currency acco om « territory and outside the territory of the Republic/Kingd and (vi) raise funds and make loans in convertible currencies; rter. (vii) carry out any operations authorized under its Cha the Bank to obt t shall assist ang ain the most favo urat

conditio as regards s and the like. exchange transaction ll, in exercising itserigh cle, pay ¢ ts under this Artiand

regard to any rese rest effect to such representations without prejudicing the inte Bank.

ll not impede in and shall take delete mecmsdses eisto sha facilitate the entry into, sojo urn in, tra necessary measuresfrom the territory of the Republic/Kingdom through and exit of:

s and members of ;the Shareholders' delegat (i) representativeuse and their spo s and dependents ents; (ii) officials of the Bank, their spouses and their depend

19 Act 2 (Implementation) Act 2019 (iii) representatives of other institutions and corporations with which the Bank has established official relations or who have official business with the Bank;

Visas, where required, for persons referred to in paragraph 1 of this Article, shall be granted free of charge and as promptly as possible.

No activity performed by any person referred to in paragraph 1 of this Article in his official capacity shall constitute a reason for preventing his entry into or departure from the territory of the Republic/Kingdom 0)GRED te ot ee or for requiring him to leave such territo ry. No person referred to in paragraph 1 of this Article shall be required to leave the Republic/Kingdom of ..............c0eccc00000 .. save in the event of an abuse of the right of residence, in which case the following procedure shall apply:

African Export-Import Bank Agreement 2019 Act 2 (Implementation) Act any other personsgive (iv) in the case ofh app aph 1 of this referred to in paragrsult Article, suc roval shall be n only after con ation with n against any ulsion proceedings are take the President, and if expnt, ear or to be such person, the Preh side shall have the right to app represented in suc progsceeareding s on behalf of the person against instituted; and (v) per whom such proceedin son s who are ienttleshad toll dinotplobemareqticuirepridvitoleges ent and im mutubliic/es .- ni under this Agreem leave the Rep e Kingdom of .....---++++s in accordanc eseserreeete* otherwtoisemethambners cedure applicabley be, heads of ofdipthe staff with the customary proor, as the case ma lom atic e rank of comparablred e missions acc ited to the Republic/Kingdom Of wsaussyeonaerser The pro visi on of this Art icle shall not pre ven t the req uirement of -

ence to establishin s claiming the agr rights reasonable evidArt the classes health regulationaph icle come wit of qua crib ed in par granted by thissonable application rantine and s. 1, or the rea Article XV

Pre side nt and the App rop riate Aut hor itie s of the Rep ubl ic/K ingdom of The rsadeeeaaneseeens shall, at the request of either of them, consult with deasicceae and agree on the procedure for facilitating entrance into the each other dom OF :x. <skssapmaadabelgestersses by persons other than those Republic/Kingparagraph 1 of Article XIV. referred to in

Govere nm to time as ma Representatives and shall revise such list from tim Alternate Directors necessary

the Diricle to and frosham the ject to artethe provisions of Art XIXimmunities and sub Directors ingll,dom pi e ene wan enss the like , exemptions Republic/K ted in Art (Ry saa ok gs nas and the sam e imm unities -resident privileges stages as are icle XVI and privile accorded byof comparable ranktoinnonconformity the Go ver nm ent missions numberintsernofatiodipnallomlawatic. with , Directors andossoAlte Vice-Presidegdntsom rnate Directorsll,

csndentetesin) shathe (if res to the proubvislic/ionKins of Art , enjoy ties and subject Kingdom CRT at ents wentssvicle uni and Republic/ stated in Article XVI and ereithee=®samthee imm unities privileges as the Government accords to resideimm nt diplomatic privileges parable rank. representatives of com

The President shall communicate to the Government the list ofand entitled to immunities, privileges and exemp tions hereun der shall revise such list from time to time as may be necessary.

the scope of the above mentioned Articles with an identity card certifying that Bank they are officials or, as the case may be, consu ltants or expert s of the and that they are entitled to the immu nities, privile ges and exemp tions provided for in this Agreement.

ordinary Laisseandz-Passer to its accepted as officials. These Laissez-Passer shall be recognized rities valid travel documents by the appropriate autho of the Republic/Kingdom of ......--+++++++sese2222205%

this Agree ment are al benefit of granted in the interest of the Bank and not for the person Bank or the the individuals themselves. The Board of Directors of theduty to waive President, as the case may be, shall have the right and nt, the immunity of any Director, Alternate Director, Vice-Preside opinion official, expert or consultant of the Bank in cases where , in the of the Board of Directors or the Presid ent, such immu nity would impede the course of justice and can be waived without prejudice to the interests of the Bank.

immunities accorded by this Agreement, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the Republic/Kingdom of .................::2.cce000

times with the appropriate authorities of the Republic/Kingdom of ................::00000000 to facilitate the proper administration of justice, secure the observance of police , would regulations and prevent the occurrence of any abuse of the privileges, immunities and facilities provided for under this Agreement.

3: The President shall take every precaution to ensure that no abuse of a privilege or immunity conferred by this Agreement shall occur, and for this purpose shall establish such rules and regulations as may be deemed necessary or expedient.

Should the Government consider that an abuse of a privilege or immunity conferred by this Agreement has occurred, the President shall, upon request, consult with the appropriate authorities or the Republic/Kingdom of ........--++sse+ss++000* to determine whether any such abuse has occurred. If such consultations fail to achieve a result satisfactory to the President and to the Government, the matter shall be determined in accordance with the procedure set out in Article XXV. Article XXVIII

This Agreement shall apply irrespective of whether the Government maintains or does not maintain diplomatic relations with any State concemed in any matter relating to or arising under this Agreement and irrespective of whether the State concerned grants a similar privilege or immunity to diplomatic envoys or nationals or the Republic/Kingdom of

Article XXIX

In so far as this Agreement imposes obligations on the Appropriate Authorities of the Republic/Kingdom Of ...........22::sss++e0s0es , the ultimate responsibility for the fulfillment of such obligations shall rest with the Government.

For purposes of this Agreement, the Bank and the Government shall by mutual agreement determine diplomatic positions, and those of international organizations, comparable in rank to positions occupied by officials of the Bank.

The provisions of this Agreement shall be complementary to the provisions of the Agreement for the Establishment of the Bank. In so far as any provisions of this Agreement and any provision of the said Agreement relate to the same subject matter, such provisions shall, wherever possible be treated as complementary, so that both provisions shall be applicable and neither shall narrow the effect of the other.

2019 Act 2 (Implementation) Act 2019 that no abuse of a 4. This Agreement shall be construed in the light of its primary purpose shall occur, and of enabling the Bank at the Headquarters Seat to fully and efficiently segulations as may be discharge its functions and fulfil its purpo ses.

Consultations with respect to modification of a privilege or s of this Agreement shall be entered into at the request of the '@ecurred, the President Bank or the Government.

sate authorities or the The Bank and the Government may enter Geermine whether any into such supplemental agreements as may be necessary. fail to achieve a result the matter shall be This Agreement and any supplemental agree Set out in Article XXV. ments concluded between the Government and the Bank shall enter into force upon signature, and cease to be in effect two years after either party shall have given notice in writing to the other of its decisi on to terminate the same, the Government except as regards the provisions that apply to the normal cessation of s with any State activities of the Bank in the Republic/ Kingdom of this Agreement and seapanesesewaatembndaastaes and the disposal of its property therein. 2 similar privilege or Republic/Kingdom of

on the Appropriate | See » the

such obligations shall rest

and the Government shall Se positions, and those of tank to positions occupied

Se complementary to the ment of the Bank. In so any provision of the said ~ Such provisions shall, mentary, so that both shall narrow the effect of the

, African Export-Import Bank Agreement Cross References