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Wakilii

Foreign Exchange Act

Act 5 of 2004 Current version · as at 03 December 2004

An Act to" amend and consolidate the law relating to foreign exchange in Uganda; to .provide for the exchange of foreign currencies in Uganda and the making -of international payments and transfers of foreign exchange; and for other related and incidental matters.

Enacted2004
Commenced13 November 2004
Last amended25 August 2023Act 18 of 2023
Point-in-time consolidation · as at 03 December 2004. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act to" amend and consolidate the law relating to foreign exchange in Uganda; to .provide for the exchange of foreign currencies in Uganda and the making -of international payments and transfers of foreign exchange; and for other related and incidental matters.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Amendments

1 amending instrument
  1. 25 August 2023 Foreign Exchange (Amendment) Act, 2023 Act 18 of 2023

Full text of the Act

10 parts · 193 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Foreign Exchange Act

Commenced on 13 November 2004

[This is the version of this document at 03 December 2004.]

An Act to" amend and consolidate the law relating to foreign exchange in Uganda; to .provide for the exchange of foreign currencies in Uganda and the making -of international payments and transfers of foreign exchange; and for other related and incidental matters.

Part V

General prohibitions. ' '

" ' 17. Offences; - - K?s18; Regulations, -

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “General prohibitions. ' '”.

“" ' 17. Offences; - - K?s18; Regulations, -”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “General prohibitions. ' '”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Minister's power to amend Schedule

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Minister's power to amend Schedule”.

“Minister's power to amend Schedule”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Repeal of Exchange Control Act

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Repeal of Exchange Control Act”.

“Repeal of Exchange Control Act”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Repeal of Exchange Control Act”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Precedence of this Act

- ---J. <- • Vy

l y

' Schedule. Currency Point. ■■. <

Act 5 Foreign Exchange Act 2004

&EF K urtvt Lib

* THE FOREIGN EXCHANGE ACT, 2004.

An Act to" amend and consolidate the law relating to foreign exchange in Uganda; to .provide for the exchange of foreign currencies in Uganda and the making -of international payments and transfers of foreign exchange; and for other related and incidental matters.

Date of Assent: 13th November, 2004. X

Date of commencement: 13th November; 2004. •«-

Be it enacted by Parliament as follows- "

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Precedence of this Act”.

“- ---J. <- • Vy”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Precedence of this Act”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

Authority of Bank of Uganda
(1)

The Bank of Uganda shall be the regulatory authority for the purposes of giving effect to this Act.

Act 5 Foreign Exchange Act 2004

(2)

The Bank of Uganda, may require any person resident or conducting business in Uganda, whether or not that person is carrying on business licensed under this Act, to furnish details of any or all of his or her foreign exchange transactions or provide returns in a format prescribed by the Bank of Uganda, giving" details of that person's foreign exchange transactions. (3) The Bank of Uganda may, to such extent and subject to'. such conditions as. it may think proper, delegate to any person or Rass of persons the performance of any of the powers conferred pon the Bank of Uganda under this Act, other than the powers set out in section 10 . i.. (4) Subject to the provisions of this Act, the Governor shall' be responsible for the implementation of this Act and may do all such things as may be necessary for the proper carrying out of the objectives of this Act. (?) In the exercise of the powers conferred on the Governor by subsection (4), the Governor may issue guidelines, manuals/' and circulars and may request for information for ensuring the execution of the provisions of this Act and the regulations made under this Act .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Authority of Bank of Uganda”.

“(1) The Bank of Uganda shall be the regulatory authority for the purposes of giving effect to this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Bank of Uganda shall be the regulatory authority for the purposes of giving effect to this Act.
  2. (2) The Bank of Uganda, may require any person resident or conducting business in Uganda, whether or not that person is carrying on business licensed under this Act, to furnish details of any or all of his or her foreign exchange transactions or provide returns in a format prescribed by the Bank of Uganda, giving" details of that person's foreign exchange transactions. (3) The Bank of Uganda may, to such extent and subject to'. such conditions as. it may think proper, delegate to any person or Rass of persons the performance of any of the powers conferred pon the Bank of Uganda under this Act, other than the powers set out in section 10. i.. (4) Subject to the provisions of this Act, the Governor shall' be responsible for the implementation of this Act and may do all such things as may be necessary for the proper carrying out of the objectives of this Act. (?) In the exercise of the powers conferred on the Governor by subsection (4), the Governor may issue guidelines, manuals/' and circulars and may request for information for ensuring the execution of the provisions of this Act and the regulations made under this Act .
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Licensing
(1)

Except as permitted by any other law, no person shall engage in the business of dealing in foreign exchange without a Renee issued under this Act.

(2)

The Bank of Uganda may, for a fee of fifty currency points, issue a licence under this Act to any person to engage in the business of dealing in foreign exchange.

(3)

The minimum paid up share capital to carry out thebusiness of dealing in foreign exchange shall be one thousand • currency points. '

(4)

The minimum paid up share capital for a person to carry out the business of money transfers shall be two thousand five hundred currency points.

A.Ct 5 Foreign Exchange Act 2004 (5) The Bank of Uganda may issue or renew a licence issued under subsection (2) to a person to engage in the business of buying and selling bank notes, coins and traveller's cheques in foreign currency or such activities as may be specified by the Bank of Uganda. (6) A licence issued or renewed under this section shall expire one year after the date of issue unless the licence has been renewed, extended, or revoked by the Bank of Uganda. (7) In considering an application for the renewal of r licence, the Bank of Uganda may, subject-to such conditions oi restrictions as the Bank of Uganda considers appropriate, extend the period of application of the licence holder's existing licence for a period not more than three months so as to permit the licence holder to take such action as the Bank of Uganda considers necessary to enable the licence holder to comply with this Act and the . regulations, permissions, instructions and directions issued under this Act.

(8)

When issuing or renewing a licence under this section, the Bank of Uganda may impose upon the licence such conditions or restrictions as the Bank of Uganda considers appropriate.

(9)

Only a body incorporated under the Companies Act or under any other Act shall qualify to be issued a licence under this section.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Licensing”.

“(1) Except as permitted by any other law, no person shall engage in the business of dealing in foreign exchange without a Renee issued under this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) Except as permitted by any other law, no person shall engage in the business of dealing in foreign exchange without a Renee issued under this Act.
  2. (2) The Bank of Uganda may, for a fee of fifty currency points, issue a licence under this Act to any person to engage in the business of dealing in foreign exchange.
  3. (3) The minimum paid up share capital to carry out thebusiness of dealing in foreign exchange shall be one thousand • currency points. '
  4. (4) The minimum paid up share capital for a person to carry out the business of money transfers shall be two thousand five hundred currency points.
  5. (8) When issuing or renewing a licence under this section, the Bank of Uganda may impose upon the licence such conditions or restrictions as the Bank of Uganda considers appropriate.
  6. (9) Only a body incorporated under the Companies Act or under any other Act shall qualify to be issued a licence under this section.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Suspension and revocation of licence
(1)

The Bank of Uganda may revoke or suspend a licence, if it has reasonable cause to believe that the licence holder has infringed the provisions of this Act or any regulations made under this Act.

(2)

Subject to subsection (1), the Bank of Uganda may at any time suspend, vary any condition or restriction or impose further conditions or restrictions upon a licence that has been issued, extended, or renewed under section 5 .

Act 5 Foreign Exchange Act 2004

(3)

Subject to subsection (1), the Bank of Uganda may revoke a licence that has been issued, extended or renewed under section 5 if it finds that the licence holder- (a) has not commenced the operations permitted under the licence within three months after the date of issue of the licence; (b) has, in.the course of its application for the issue, extension, or renewal of a licence under section 5 failed to disclose to the Bank of Uganda material information of which the licence holder was aware, or should, with the exercise of such diligence as could reasonably have been expected in the circumstances, have been aware; (c) has provided information material to the application which is found to be untrue or false; (d) has contravened any provision of this Act or any regulation, permission, instruction or direction issued under this Act; (e) has, since the issue of the licence, ceased to qualify for the licence; (f) is guilty of malpractice or irregularity in the management of its affairs; or (g) is placed under liquidation or receivership or is * adjudged bankrupt. (4) Where the Bank of Uganda has made a finding under subsection (3), the Bank of Uganda may, instead of revoking the licence, suspend the licence for a specific period or impose conditions or restrictions on the licence. (5) Except where the circumstances render it impossible to do so, before the Bank of Uganda suspends or revokes a licence or imposes further conditions or restrictions in respect of a licence under this section, the Bank of Uganda shall give the holder of the licence fourteen days to show cause why the proposed action should not be taken.

Act 5 Foreign Excha ,e Act 2004

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Suspension and revocation of licence”.

“(1) The Bank of Uganda may revoke or suspend a licence, if it has reasonable cause to believe that the licence holder has infringed the provisions of this Act or any regulations made under this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The Bank of Uganda may revoke or suspend a licence, if it has reasonable cause to believe that the licence holder has infringed the provisions of this Act or any regulations made under this Act.
  2. (2) Subject to subsection (1), the Bank of Uganda may at any time suspend, vary any condition or restriction or impose further conditions or restrictions upon a licence that has been issued, extended, or renewed under section 5.
  3. (3) Subject to subsection (1), the Bank of Uganda may revoke a licence that has been issued, extended or renewed under section 5 if it finds that the licence holder- (a) has not commenced the operations permitted under the licence within three months after the date of issue of the licence; (b) has, in.the course of its application for the issue, extension, or renewal of a licence under section 5 failed to disclose to the Bank of Uganda material information of which the licence holder was aware, or should, with the exercise of such diligence as could reasonably have been expected in the circumstances, have been aware; (c) has provided information material to the application which is found to be untrue or false; (d) has contravened any provision of this Act or any regulation, permission, instruction or direction issued under this Act; (e) has, since the issue of the licence, ceased to qualify for the licence; (f) is guilty of malpractice or irregularity in the management of its affairs; or (g) is placed under liquidation or receivership or is * adjudged bankrupt. (4) Where the Bank of Uganda has made a finding under subsection (3), the Bank of Uganda may, instead of revoking the licence, suspend the licence for a specific period or impose conditions or restrictions on the licence. (5) Except where the circumstances render it impossible to do so, before the Bank of Uganda suspends or revokes a licence or imposes further conditions or restrictions in respect of a licence under this section, the Bank of Uganda shall give the holder of the licence fourteen days to show cause why the proposed action should not be taken.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Appeals
(1)

Any person aggrieved 7 a decision of the Bank of Uganda under sections 5 or 6 may appeal to the High Court against the decision of the Bank of Uganda within thirty days after being notified of the decision, and the High Court may confirm or set aside the decision.

(2)

On an appeal under subsection (1) the question for determination by the High Court shall be whether, for reasons stated by the appellant, the decision appealed against was unlawful or not justified by the evidence on which it was ba.

(3)

Where the High Court sets aside a decision of the Bank of Uganda under subsection (1), the High Court shall direct the Bank of Uganda to reconsider its decision.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Appeals”.

“(1) Any person aggrieved 7 a decision of the Bank of Uganda under sections 5 or 6 may appeal to the High Court against the decision of the Bank of Uganda within thirty days after being notified of the decision, and the High Court may confirm or set aside the decision.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Any person aggrieved 7 a decision of the Bank of Uganda under sections 5 or 6 may appeal to the High Court against the decision of the Bank of Uganda within thirty days after being notified of the decision, and the High Court may confirm or set aside the decision.
  2. (2) On an appeal under subsection (1) the question for determination by the High Court shall be whether, for reasons stated by the appellant, the decision appealed against was unlawful or not justified by the evidence on which it was ba.
  3. (3) Where the High Court sets aside a decision of the Bank of Uganda under subsection (1), the High Court shall direct the Bank of Uganda to reconsider its decision.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Restrictions on importation and exportation of

banknotes, coins, travellers cheques and securities The Bank of Uganda may, by regulations, impose restrictions on the importation into or exportation from Uganda of banknotes, coins, traveller's cheques and securities denominated in the currency of Uganda or in foreign currency.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Restrictions on importation and exportation of”.

“banknotes, coins, travellers cheques and securities The Bank of Uganda may, by regulations, impose restrictions on the importation into or exportation from Uganda of banknotes, coins, traveller's cheques and securities denominated in the currency of Uganda or in foreign currency.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. banknotes, coins, travellers cheques and securities The Bank of Uganda may, by regulations, impose restrictions on the importation into or exportation from Uganda of banknotes, coins, traveller's cheques and securities denominated in the currency of Uganda or in foreign currency.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

Foreign exchange business and international payment
(1)

Except with the prior permission of the Bank of L'ganda, no person shall engage in foreign exchange business.

(2)

All payments in foreign currency, to or from Uganda, between residents and non residents, or between non residents, shall-be made through a bank.

(3)

Every transfer of foreign exchange to or from Uganda shall be through a person licensed to carry out the business of money transfers.

Act 5 Foreign Exchange Act 2004 (4) Where the Bank of Uganda has reason to believe that an offence is about to be or has been committed, the Bank of Uganda may require a bank to obtain the permission of the Bank of Uganda before executing any payment" referred to in subsection (2), and the permission shall be granted solely on the basis of a determination by the Bank of Uganda that the payment is consistent with the laws of Uganda. (5) The Bank of Uganda may, by statutory instrument, make - ~ regulations prescribing information to be provided to the Bank of Uganda by a person licensed to carry out foreign exchange Business or foreign exchange transfers, residents and non residents in connection with the conclusion of any transaction involving foreign currency, the maintenance of bank accounts in Uganda or outside Uganda, and the settling of any payment by a resident or non-resident.

(6)

The Bank of Uganda, in consultation with the Minister, may by statutory instrument prescribe the conditions for carrying out the business of foreign exchange transfers.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Foreign exchange business and international payment”.

“(1) Except with the prior permission of the Bank of L'ganda, no person shall engage in foreign exchange business.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) Except with the prior permission of the Bank of L'ganda, no person shall engage in foreign exchange business.
  2. (2) All payments in foreign currency, to or from Uganda, between residents and non residents, or between non residents, shall-be made through a bank.
  3. (3) Every transfer of foreign exchange to or from Uganda shall be through a person licensed to carry out the business of money transfers.
  4. (6) The Bank of Uganda, in consultation with the Minister, may by statutory instrument prescribe the conditions for carrying out the business of foreign exchange transfers.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Imposition of temporary restrictions
(1)

Where the Governor is satisfied that Uganda has experienced a severe deterioration in its balance of payments that makes necessary the temporary imposition of exchange controls beyond those provided for in section 8 , the Governor may, in consultation with the Minister, make regulations restricting- (a) in Uganda, payments between residents and non residents; or between non-residents; (b) payments to or from Uganda;

(c)

m Uganda, the acquisition, holding, and use in Uganda of foreign currency or traveller's cheques in foreign currency by persons; (d) the acquisition, holding and use in Uganda of foreign currency or traveller's cheques, in foreign currency by residents; and Act 5 Foreign Exchange Act 2004

(e)

the rate at which the j. _trchase and sale of foreign exchange may take place in Uganda.

(2)

Subject to subsection (1), regulations made under this section shall remain in force for a period not exceeding three months: except that, with the written consent of the Minister, the Bank of Uganda may extend the period of operation of the regulations for a further period not exceeding three months, and, thereafter, for such further period as may be authorised by Parliament by resolution.

(3)

If the period of operation of any regulations extended unde" subsection (2) expires when Parliament is not in session, the Bank oi Uganda may extend the period of operation until the twenty-eighth day following the commencement of the next session of Parliament

(4)

Within fourteen days after any regulations are made under subsection (1) the Governor shall cause to be published in the Gazette the reasons justifying any restrictions imposed under subsection (1).

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Imposition of temporary restrictions”.

“(1) Where the Governor is satisfied that Uganda has experienced a severe deterioration in its balance of payments that makes necessary the temporary imposition of exchange controls beyond those provided for in section 8, the Governor may, in consultation with the Minister, make regulations restricting- (a) in Uganda, payments between residents and non residents; or between non-residents; (b) payments to or from Uganda;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) Where the Governor is satisfied that Uganda has experienced a severe deterioration in its balance of payments that makes necessary the temporary imposition of exchange controls beyond those provided for in section 8, the Governor may, in consultation with the Minister, make regulations restricting- (a) in Uganda, payments between residents and non residents; or between non-residents; (b) payments to or from Uganda;
  2. (c) m Uganda, the acquisition, holding, and use in Uganda of foreign currency or traveller's cheques in foreign currency by persons; (d) the acquisition, holding and use in Uganda of foreign currency or traveller's cheques, in foreign currency by residents; and Act 5 Foreign Exchange Act 2004
  3. (e) the rate at which the j. _trchase and sale of foreign exchange may take place in Uganda.
  4. (2) Subject to subsection (1), regulations made under this section shall remain in force for a period not exceeding three months: except that, with the written consent of the Minister, the Bank of Uganda may extend the period of operation of the regulations for a further period not exceeding three months, and, thereafter, for such further period as may be authorised by Parliament by resolution.
  5. (3) If the period of operation of any regulations extended unde" subsection (2) expires when Parliament is not in session, the Bank oi Uganda may extend the period of operation until the twenty-eighth day following the commencement of the next session of Parliament
  6. (4) Within fourteen days after any regulations are made under subsection (1) the Governor shall cause to be published in the Gazette the reasons justifying any restrictions imposed under subsection (1).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IV

Provision of information. t
(1)

The Bank of Uganda may, by writing, give to any resident or to any person in Uganda, directions requiring him or her, within such time and in such manner as may be specified in the directions, to furnish to the Bank of Uganda, or to any person designated in the directions as a person authorised to require it:. any information in his or her possession or control which tK Bank of Uganda or the person authorised, as the case may be*-, may require for the purpose of securing compliance with o' detecting evasion of the provisions of this Act.

(2)

A person required by any directions under subsection (1) to furnish information which is stored in a computer or any other electronic media shall also produce such books, accounts or other documents in his or her possession or control as may be required for that purpose by the Bank of Uganda or by the person authorised to require the information.

Act 5 Foreign Exchange Act 2004 (3) Where a person is convicted foi failing to give information or produce any document when required to do so under this section, the court may make an order requiring the offender, within such period as may be specified in the order, to comply with the requirement to give the information or to produce the document.

(4)

Any information or document obtained under this section is admissible in evidence in a'prosecution for an offence under this Act of any person from whom it was obtained or of ^ny body corporate for which that person at the time of the Commission of the offence was or was purporting to act as director, general manager, secretary or other similar officer of the body corporate.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Provision of information. t”.

“(1) The Bank of Uganda may, by writing, give to any resident or to any person in Uganda, directions requiring him or her, within such time and in such manner as may be specified in the directions, to furnish to the Bank of Uganda, or to any person designated in the directions as a person authorised to require it:. any information in his or her possession or control which tK Bank of Uganda or the person authorised, as the case may be*-, may require for the purpose of securing compliance with o' detecting evasion of…”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The Bank of Uganda may, by writing, give to any resident or to any person in Uganda, directions requiring him or her, within such time and in such manner as may be specified in the directions, to furnish to the Bank of Uganda, or to any person designated in the directions as a person authorised to require it:. any information in his or her possession or control which tK Bank of Uganda or the person authorised, as the case may be*-, may require for the purpose of securing compliance with o' detecting evasion of the provisions of this Act.
  2. (2) A person required by any directions under subsection (1) to furnish information which is stored in a computer or any other electronic media shall also produce such books, accounts or other documents in his or her possession or control as may be required for that purpose by the Bank of Uganda or by the person authorised to require the information.
  3. (4) Any information or document obtained under this section is admissible in evidence in a'prosecution for an offence under this Act of any person from whom it was obtained or of ^ny body corporate for which that person at the time of the Commission of the offence was or was purporting to act as director, general manager, secretary or other similar officer of the body corporate.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Search and seizure

^(1) If court is satisfied by information given under oath by a person authorised by the Bank of Uganda to act for the purpose of tras section, either- j (a) that an offence under this Act has been or is being

t t K L o v u U ttK A K t j committed and that evidence of the commission of j the offence is to be found at any premises specified J in the information, or in any vehicle, vessel, or I aircraft so specified; or t • (b) that any document which dught to have been produced j under section 11 and has not been produced is to be ; found at any premises or in any vehicle, vessel or aircraft referred to in paragraph (a), the court may issue a search warrant authorising a police officer, together with any other person named in the warrant and any other police officers, to enter the premises specified in the information or any premises upon which the vehicle, vessel or aircraft specified may be, at any time within one month from the date of the warrant, and to search the premises, or the vehicle, vessel or aircraft.

Act 5 Foreign, Exchange Act (2) A person authorised by a warrant issued under subset (1) to search any premises- or any vehicle, vessel or u.: may- (a) search any person who is found in, or who authorised person has reasonable grounc believe has recently left or is about to enter. ± premises or that vehicle, vessel or aircraft: ar.^

(b)

seize any property found on that person or on premises or in the vehicle, vessel or aircraft, v.' he or she has reasonable ground for believing :: evidence of, or to have been used in connect with, the commission of an offence under this . or any documents which he or she has reason grounds to believe ought to have been prod_. under section.

(3)

Where, by virtue of this section, a person has any powe: enter any premises, vehicle, vessel, or aircraft, that person mas such force as is reasonably necessary for the purpose of exercis that power.

(4)

Where there is reasonable ground for suspecting th; person has committed an offence under this Act, a police off: may seize any property in that person's possession or under or her control which appears to the police officer to be evide: of, or to have been used in connection with, the commissior the offence.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Search and seizure”.

“^(1) If court is satisfied by information given under oath by a person authorised by the Bank of Uganda to act for the purpose of tras section, either- j (a) that an offence under this Act has been or is being”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) seize any property found on that person or on premises or in the vehicle, vessel or aircraft, v.' he or she has reasonable ground for believing :: evidence of, or to have been used in connect with, the commission of an offence under this . or any documents which he or she has reason grounds to believe ought to have been prod_. under section.
  2. (3) Where, by virtue of this section, a person has any powe: enter any premises, vehicle, vessel, or aircraft, that person mas such force as is reasonably necessary for the purpose of exercis that power.
  3. (4) Where there is reasonable ground for suspecting th; person has committed an offence under this Act, a police off: may seize any property in that person's possession or under or her control which appears to the police officer to be evide: of, or to have been used in connection with, the commissior the offence.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Notice
(1)

Where any property has been seized under secuc-' .2 person effecting the seizure shall, within one month after give notice in writing of the seizure and the reasons for sezh the owner. (2) The giving of notice shall not be rec_*^r subsection (1) where- Act 5 Foreign Exchange Act 20U4 (a) the property was seized in the ' esence of the ownerf

(b)

the owner of the property cannot be identified; or

(c)

a person is, within one month after the seizure, charged with the offence.by reason of which the property has been seized: (3) Where any property has come into the possession of a prescribed authority under section 12 , and a period of one month has elapsed from- (a) the date of seizure, or

(b)

the date of notice if the notice has been given under subsection (1), the property shall, by order of court, be forfeited to the State unless, within that period, the owner has claimed the property by giving notice in writing to the Bank of Uganda.

(4)

Where the Bank of Uganda has received a notice of claim under subsection (3), and a period of two months has elapsed from the date of receipt of the notice, the property shall be released to the owner unless, within that period, the Bank of Uganda has either-

(a)

by notice in writing to the owner, required the owner to institute proceedings in a court for the recovery of the property; or

(b)

instituted proceedings in a court for the forfeiture of the property.

(o)

Where the Bank of Uganda has given an owner notice to institute proceedings under subsection (4) and a period of two months has elapsed from the date of receipt of the notice by the owner, the property shall by order of court, be forfeited to the State unless, within that period, the owner has ^instituted the proceedings.

Act 5 Foreign Exchange Act 200-

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Notice”.

“(1) Where any property has been seized under secuc-' .2 person effecting the seizure shall, within one month after give notice in writing of the seizure and the reasons for sezh”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) Where any property has been seized under secuc-' .2 person effecting the seizure shall, within one month after give notice in writing of the seizure and the reasons for sezh the owner. (2) The giving of notice shall not be rec_*^r subsection (1) where- Act 5 Foreign Exchange Act 20U4 (a) the property was seized in the ' esence of the ownerf
  2. (b) the owner of the property cannot be identified; or
  3. (c) a person is, within one month after the seizure, charged with the offence.by reason of which the property has been seized: (3) Where any property has come into the possession of a prescribed authority under section 12, and a period of one month has elapsed from- (a) the date of seizure, or
  4. (b) the date of notice if the notice has been given under subsection (1), the property shall, by order of court, be forfeited to the State unless, within that period, the owner has claimed the property by giving notice in writing to the Bank of Uganda.
  5. (4) Where the Bank of Uganda has received a notice of claim under subsection (3), and a period of two months has elapsed from the date of receipt of the notice, the property shall be released to the owner unless, within that period, the Bank of Uganda has either-
  6. (a) by notice in writing to the owner, required the owner to institute proceedings in a court for the recovery of the property; or
  7. (b) instituted proceedings in a court for the forfeiture of the property.
  8. (o) Where the Bank of Uganda has given an owner notice to institute proceedings under subsection (4) and a period of two months has elapsed from the date of receipt of the notice by the owner, the property shall by order of court, be forfeited to the State unless, within that period, the owner has ^instituted the proceedings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Recovery or forfeiture
(1)

Where proceedings for the recovery or forfeiture of property have been instituted in a court under section 13 , the court may order the property to be forfeited to the State if the court finds that the property was used in connection with the commission of an offence under this Act.

(2)

Where any property has come into the possession of a prescribed authority, whether in consequence of the seizure of the property under this section or otherwise, the liability of theWB* property to forfeiture shall not be affected by the fact that the ow'ner of the property was in no way concerned with the act or omission which rendered the property liable to forfeiture.

(3)

Where any property is forfeited under this section-

(a)

the forfeiture shall be deemed to have taken effect at - A 'tfie^ime wlten tfie liability to forfeiture arose; and

(b)

the forfeiture shall, subject to any appeal in any proceedings which resulted in the forfeiture, be final and no application or proceedings for restitution or in detinue by any person, shall lie.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Recovery or forfeiture”.

“(1) Where proceedings for the recovery or forfeiture of property have been instituted in a court under section 13, the court may order the property to be forfeited to the State if the court finds that the property was used in connection with the commission of an offence under this Act.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) Where proceedings for the recovery or forfeiture of property have been instituted in a court under section 13, the court may order the property to be forfeited to the State if the court finds that the property was used in connection with the commission of an offence under this Act.
  2. (2) Where any property has come into the possession of a prescribed authority, whether in consequence of the seizure of the property under this section or otherwise, the liability of theWB* property to forfeiture shall not be affected by the fact that the ow'ner of the property was in no way concerned with the act or omission which rendered the property liable to forfeiture.
  3. (3) Where any property is forfeited under this section-
  4. (a) the forfeiture shall be deemed to have taken effect at - A 'tfie^ime wlten tfie liability to forfeiture arose; and
  5. (b) the forfeiture shall, subject to any appeal in any proceedings which resulted in the forfeiture, be final and no application or proceedings for restitution or in detinue by any person, shall lie.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Retention of seized property
(1)

Notwithstanding any other provision of this Act, where property has come into the possession of 5 presen bed authority, whether in consequence of the seizure of the property under this Act or otherwise, and the prescribed authority is satisfied that there is reasonable ground for suspecting the property to be evidence'of the commission of an offence under this Act,, the presen bed authority may retain the property for a period of twelve months from the date it came into its possession and, if any person is, within that period, prosecuted for an offence under this Act-in which the property' is or can properly be adduced in evidence, the property shall be retained until the prosecution has been determined.

Act 5 Foreign Exchange Act 2004 (2) For the purposes of subsection (1), any person to whom any powers of the Bank of Uganda under this Act are delegated or on whom any functions are conferred by or under this ^.ct, including a police officer, shall be deemed to be a prescribed authority for the purposes of the definition of that expression in section 3 of this Act. (3) For purposes of subsection (1) proceedings shall be deemed not to have been finally deter^ained so long as there is pending an appeal in the matter; and'an appeal in that matter '*^11 be deemed to be pending during the ordinary time within which an appeal may be lodged, and if an appeal is-duly lodged, it shall be deemed to be pending until it is decided or withdrawn. (4) The powers conferred by this section in relation to any property shall be in addition to, and not in derogation from, any powers otherwise exercisable in relation to that property.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Retention of seized property”.

“(1) Notwithstanding any other provision of this Act, where property has come into the possession of 5 presen bed authority, whether in consequence of the seizure of the property under this Act or otherwise, and the prescribed authority is satisfied that there is reasonable ground for suspecting the property to be evidence'of the commission of an offence under this Act,, the presen bed authority may retain the property for a period of twelve months from the date it came into its possession and, if any person is,…”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) Notwithstanding any other provision of this Act, where property has come into the possession of 5 presen bed authority, whether in consequence of the seizure of the property under this Act or otherwise, and the prescribed authority is satisfied that there is reasonable ground for suspecting the property to be evidence'of the commission of an offence under this Act,, the presen bed authority may retain the property for a period of twelve months from the date it came into its possession and, if any person is, within that period, prosecuted for an offence under this Act-in which the property' is or can properly be adduced in evidence, the property shall be retained until the prosecution has been determined.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part V

16. General prohibitions

No person in Uganda shall, with intent to evade any provision of this Act- (a) destroy, mutilate, deface or remove any document; (b) make any declaration which is false in any material particular; (c) in furnishing any information for any of the purposes of this Act. make any statement which he or she knows to be false in a material particular, or reckless!) make any statement which is false in a matenai particular. (d) counterfeit or in any way falsify any document or knowingly use a document which is counterfeit or false: or (e) obstruct any person in the exercise of any powers conferred upon him or her by or under this Act.

Ct 5 Foreign Exchange Act 2004 Act 5

Offences. 18. Reguia

(1> Any person who- ' (l)The regulations (a) engages in the business of dealing in foreign exchange □revisions 3 without,a licence issued under section 5 ; (2) Rez (b) contravenes any restriction imposed under section 5 ; any contra* (c) contravenes any restriction imposed under section 8 ;

(d)

fails to provide information required under section (b 11;

(e)

contravenes section 16 , commits an offence and is liable, on conviction, to a fine not exceeding two hundred currency points or imprisonment not exceeding two years or both such fine and imprisonment.

(2)

Where,..a, person is >convicted of an offence under (3) Sta: subsection (1) and the offence is concerned with any property, before Parthe court shall order the property to be forfeited to the State thirty days. unless it sees good reason not to do so. (4) (3) Where a body corporate commits an offence under this Act Parliament or under regulations made under this Act, any director, general instrument: manager, secretary or other similar officer of the body corporate or i other person purporting to act in any such capacity, shall also be Minis taken to have committed the offence if any act or omission of that The \ person is proved to have given rise to the contravention which statutory m constituted the offence.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Offences. 18. Reguia”.

“(1> Any person who- ' (l)The regulations (a) engages in the business of dealing in foreign exchange □revisions 3 without,a licence issued under section 5; (2) Rez (b) contravenes any restriction imposed under section 5; any contra* (c) contravenes any restriction imposed under section 8;”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (d) fails to provide information required under section (b 11;
  2. (e) contravenes section 16, commits an offence and is liable, on conviction, to a fine not exceeding two hundred currency points or imprisonment not exceeding two years or both such fine and imprisonment.
  3. (2) Where,..a, person is >convicted of an offence under (3) Sta: subsection (1) and the offence is concerned with any property, before Parthe court shall order the property to be forfeited to the State thirty days. unless it sees good reason not to do so. (4) (3) Where a body corporate commits an offence under this Act Parliament or under regulations made under this Act, any director, general instrument: manager, secretary or other similar officer of the body corporate or i other person purporting to act in any such capacity, shall also be Minis taken to have committed the offence if any act or omission of that The \ person is proved to have given rise to the contravention which statutory m constituted the offence.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
20. Repeal
(4)

A person shall not be taken to have committed an (l)T^ offence under subsection (3) if he or she proves that the contravention was committed without his or her consent or connivance and that he or she exercised all due diligence to the Exchaij prevent the commission of the offence, having regard to all m force a: circumstances. section li- Act 5 Foreign Exchange Act 2004,

Regulations. ' ' U
(1)

The Bank of Uganda may by statutory instrument, make regulations generally for the . purpose of carrying out the Divisions-of this Act. r' (2) Regulations made under thrs section may prescribe, for any contravention of the regulations- (a) a fine not exceeding two hundred currency points or L imprisonment not exceeding two years or both; (b) an additional fine not exceeding five currency points in respect of each day on which the contravention continues;

(c)

the requirement that the court convicting the offender shall forfeit to the State any property in connection with which the contravention was committed. (3) Statutory instruments, made under this law shall be laid before Parliament by the respective Minister within a period of thirty days.

(4)

Where a statutory instrument is not laid before Parliament in accordance with subsection (3), the statutory instrument shall automatically lapse.

.9. Minister's power to amend Schedule. * The Minister may, with the approval of the Cabinet, by statutory instrument, amend the Schedule to this Act.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Regulations. ' ' U”.

“(1) The Bank of Uganda may by statutory instrument, make regulations generally for the . purpose of carrying out the Divisions-of this Act. r' (2) Regulations made under thrs section may prescribe, for any contravention of the regulations- (a) a fine not exceeding two hundred currency points or L imprisonment not exceeding two years or both; (b) an additional fine not exceeding five currency points in respect of each day on which the contravention continues;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The Bank of Uganda may by statutory instrument, make regulations generally for the . purpose of carrying out the Divisions-of this Act. r' (2) Regulations made under thrs section may prescribe, for any contravention of the regulations- (a) a fine not exceeding two hundred currency points or L imprisonment not exceeding two years or both; (b) an additional fine not exceeding five currency points in respect of each day on which the contravention continues;
  2. (c) the requirement that the court convicting the offender shall forfeit to the State any property in connection with which the contravention was committed. (3) Statutory instruments, made under this law shall be laid before Parliament by the respective Minister within a period of thirty days.
  3. (4) Where a statutory instrument is not laid before Parliament in accordance with subsection (3), the statutory instrument shall automatically lapse.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
20. Repeal of Exchange Control Act Cap.
(1)

The Exchange Control Act, is repealed.

(2)

Notwithstanding the repeal effected by subsection rl), the Exchange Control (Forex Bureau) Order, 1991 shall continue m force until revoked or amended by regulations made under section 18 .

Act 5 Foreign Exchange Act 2004

21. Precedence of this Act

This Act shall take precedence over all other existing legislation relating to foreign exchange and any contradiction in any other law is modified to the extent of the contradiction.

Act 5 Foreign Exchange Act 2004 SCHEDULE.

CURRENCY POINT.

Sections 3 , 19 .

A c-_~encx point is equivalent to twenty thousand shillings.

Cross References

Companies Act. Cap. 110. Financial InsLnrticns Act, Act No. 2 of 2004.

STATUTORY INSTRUMENTS SUPPLEMENT No. 41 3rd December, 2004

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 64 Volume X( 'I 'll dated 3rd December, 2004. Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS 2004 No. 93. The External Trade (Importation Licence)(No. 6) Order, 2004. (Under section 5 of the External Trade Act, Cap. 88). In exercise of the powers conferred upon the Minister responsible for tourism,trade and industry by section 5 of the External Trade Act, this Order is made this 1st day of December, 2004.

Title

This Order may be cited as the External Trade (Importation Licence)(No. 6) Order, 2004.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Title”.

“This Order may be cited as the External Trade (Importation Licence)(No. 6) Order, 2004.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. This Order may be cited as the External Trade (Importation Licence)(No. 6) Order, 2004.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Grant of exclusive licence
(1)

M/s Capital Auto Parts Ltd of P.O. Box 31445, Kampala is granted an exclusive licence to import four thousand, eight hundred pieces of used tyres of different sizes.

(2)

The exclusive licence referred to in sub-paragraph (1) is valid for three months only from its commencement and shall then expire.

(3)

If the licence expires before a person has imported the number of used tyres authorised by the licence, that person shall forfeit the balance of the tyres not imported.

PROF. EDWARD B. RUGUMAYO, Minister of Tourism, Trade and Industry.

STATUTORY INSTRUMENTS SUPPLEMENT No. 41 3rd December, 2004

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 64 Volume XCVII dated 3rd December. 2004. Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS 2004 No. 94. The External Trade (Importation Licence)(No. 7) Order, 2004. (Under section 5 of the External Trade Act, Cap. 88). In exercise of the powers conferred upon the Minister responsible for tourism, trade and industry by section 5 of the External Trade Act, this Order is made this 1st day of December, 2004.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Grant of exclusive licence”.

“(1) M/s Capital Auto Parts Ltd of P.O. Box 31445, Kampala is granted an exclusive licence to import four thousand, eight hundred pieces of used tyres of different sizes.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) M/s Capital Auto Parts Ltd of P.O. Box 31445, Kampala is granted an exclusive licence to import four thousand, eight hundred pieces of used tyres of different sizes.
  2. (2) The exclusive licence referred to in sub-paragraph (1) is valid for three months only from its commencement and shall then expire.
  3. (3) If the licence expires before a person has imported the number of used tyres authorised by the licence, that person shall forfeit the balance of the tyres not imported.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
1. Title

This Order may be cited as the External Trade (Importation Licence)(No. 7) Order, 2004.

2. Grant of exclusive licence
(1)

M/s Kakumba Motor Spares Ltd of P.O. Box 8994, Kampala, is granted an exclusive licence to import six thousand pieces of used tyres of different sizes.

(2)

The exclusive licence referred to in sub-paragraph (1) is valid for three months only from its commencement and shall then expire.

(3)

If the licence expires before a person has imported the number of used tyres authorised by the licence, that person shall forfeit the balance of the tyres not imported.

PROF. EDWARD B. RUGUMAYO, Minister of Tourism, Trade and Industry.

STATUTORY INSTRUMENTS SUPPLEMENT No. 41 3rd December, 2004

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 64 Volume XCVII dated 3rd December, 2004: Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS

2004 No. 95.

The Stamps (Exemption from Stamp Duty) Instrument, 2004. (Under section 10 of the Stamps Act, Cap. 172). In exercise of the powers conferred on the Minister responsible for finance by section 10 of the Stamps Act, this cap. 172. Order is made this 3rd day of September, 2003.

1. This Order may be cited as

the Stamps (Exemption from citation Stamp Duty) Instrument, 2004. *

2. The stamp duty chargeable under the provision of Remission

section 3 of the Act on the increase of share capital of Britania of stamp duty Allied Industries Ltd from one million shillings to eight billion shillings is remitted.

/ ,P. V A.^7

GERALD M. SSENDAULA, Minister of Finance, Planning and Economic Development.

STATUTORY INSTRUMENTS SUPPLEMENT No. 41 3rd December, 2004

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 64 Volume XCVII dated 3rd December, 2004 Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS

2004 No. 96. THE AGRICULTURAL RESEARCH (ESTABLISHMENT AND MANAGEMENT OF THE ZCfNAL COMPETITIVE AGRICULTURAL RESEARCH AND DEVELOPMENT FUND) REGULATION, 2004.

n . ARRANGEMENT OF REGULATIONS Regulation.

Part II

Establishment and objects of the fund

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What this section does
Governing rule

This section states the governing statutory rule for “Establishment and objects of the fund”.

“Establishment and objects of the fund”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Establishment and objects of the fund”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Application of the Fund

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5. Division into agro-ecological zones

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6. Zonal competitive agricultural research and development

committee •

7. Functions of a committee

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8. Secretariat of the Zonal Competitive Agricultural Research

and Development Fund

9. Committee meetings

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10. Decision of the committee

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11. Remuneration of members

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12. Power to co-opt

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13. Disclosure of interest

Regulation.

14. Functions of the fund manager

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15. Other officers and staff

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16. Protection of members and staff from liability

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Part i

17. Funding duration

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18. Calling of project proposal for funding

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19. Proposal technical assessment committee

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20. Financial year of the Fund "

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21. Estimates

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Accounts

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Section analysis Source-linked statutory analysis Source linked
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What this section does
Governing rule

This section states the governing statutory rule for “Accounts”.

“Accounts”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Accounts”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Audit

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What this section does
Governing rule

This section states the governing statutory rule for “Audit”.

“Audit”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Audit”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Annual reports

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Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Annual reports”.

“Annual reports”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Annual reports”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Annual meeting of stakeholders

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Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Annual meeting of stakeholders”.

“Annual meeting of stakeholders”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Annual meeting of stakeholders”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Procedure for accessing the fund

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What this section does
Procedural rule

This section establishes the governing procedure for “Procedure for accessing the fund”.

“Procedure for accessing the fund”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
The Public Procurement and Disposal of

Public Assets Act, 2003 and regulations made under it to apply where no provision is made STATUTORY INSTRUMENTS. 2004 No. 96. The Agricultural Research (Establishment and Management of the Zonal Competitive Agricultural Research and Development Fund) Regulation, 2004. (Under section 36 of the National Agricultural Research Organisation Act, Cap 205).

In exercise of the powers conferred upon the Minister by section 36 of the National Agricultural Research Organisation Act and on the recommendation of the Board, these Regulations are made this 1st day of December, 2004.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The Public Procurement and Disposal of”.

“Public Assets Act, 2003 and regulations made under it to apply where no provision is made STATUTORY INSTRUMENTS. 2004 No. 96. The Agricultural Research (Establishment and Management of the Zonal Competitive Agricultural Research and Development Fund) Regulation, 2004. (Under section 36 of the National Agricultural Research Organisation Act, Cap 205).”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The Public Procurement and Disposal of”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Public Assets Act, 2003 and regulations made under it to apply where no provision is made STATUTORY INSTRUMENTS. 2004 No. 96. The Agricultural Research (Establishment and Management of the Zonal Competitive Agricultural Research and Development Fund) Regulation, 2004. (Under section 36 of the National Agricultural Research Organisation Act, Cap 205).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part I

1. These

Regulations may be cited as the Agricultural Shorty Research (Establishment and Management of the Zonal Competitive Agricultural Research and Development Fund) Regulation, 2004.

2. In these Regulations, unless the context otherwise inter"

requires- pretauon

"Act" means the National Agricultural Research Organisation Act,;

"agricultural research" means the furtherance, accumulation and improvement of knowledge in the agricultural and related sciences through original and other investigations and methods of a scientific or indigenous nature into the production, treatment or handling of an agricultural product, including research required for a better understanding of the process involved in or the environment necessary for the production of an agricultural product with the advancement of agriculture as its object;

"agricultural research service provider" means any person whether in the public or private sector who conducts or manages agricultural research in accordance with the Act; and includes a public agricultural research institute, universities, tertiary institutions, farmers groups, civil society organisations, private sector organisations and any other entity as may be determined by the board;

"board" means the governing board of the National' Agricultural Research Organisations;

"chairperson" means the chairperson of a Zonal Competitive Agricultural Research and Development Committee;

"committee" means a Zonal Competitive Agricultural Research and Development Committee established under regulation 5;

"Fund" means the Zonal Competitive Agricultural Research and Development Fund established by the board under regulation 3;

"Minister" means the Minister responsible for agriculture, animal industry and fisheries.

Part II

6. (1) There is established a committee for each agro- Zonal

ecological zone to be known as the Zonal Competitive competitive agricultural Agricultural Research and Development Committee. research and development committee (2) The Committee lor each agro-ecological zone shall consist of the following persons-

(a)

a representative of District Secretaries for production in the zone; 9

(b)

a representative of District Chief Administrative Officers in the zone;

(c)

a representative of District Directorates of Production in the zone;

(d)

a representative of District NAADS Coordinators in the zone;

(e)

four farmers' representatives nominated by the District Farmer's Fora and recognised farmers associations in a zone, at least two of whom shall be women); (f) one private sector or agro-industry sector or agro industry associations representative operating in the zone; (g) one NGO representative nominated by NGOs operating in the zone; (h) two agricultural research scientists who could b^| from within or outside the zone of whom one shall be a woman; and (i) zonal fund manager, ex officio.

(3)

A member of the Zonal Competitive Agricultural Research and Development Committee other than a Fund Manager shall hold office for two years and is eligible for reappointment for one more term.

(4)

The board shall in consultation with the relevant bodies appoint the members of a committee and shall, in appointing the members of the committee ensure that there is a balance of skills, experience and gender.

(5)

Membership of the committee shall be on part time basis and members of the committee shall elect among their number a chairperson.

Functions of 7. The function of a committee is toa committee (a) set zonal agricultural research priorities;

(b)

approve zonal agricultural research plans and programmes;

(c)

approve the specific agricultural research areas to be mentioned in the calls for proposals and to be given preference in funding;

(d)

mobilise and allocate resources from district sources;

(e)

ratify Competitive Grant Scheme accounts and annual report;

(f)

ensure implementation of zonal agricultural research plans and programmes;

(g)

follow up application of agricultural research results; and

(h)

monitor the effectiveness and integrity of the grant-making process.

8. (1)

There shall be a secretariat for the Zonal Secretariat of the Zonal Competitive Agricultural Research and Development Fund in Competitive each agro-ecological zone which shall be responsible for the Agricultural Research and day to day operation of the fund in a particular zone. Develop ment Fund (2) The secretariat shall be composed of a zonal fund manager and such other staff as a committee, with the approval of the board, determine to be necessary for the discharge of the functions of the Fund.

(3)

The secretariat shall-

(a)

prepare and submit budgets, work plans and annual reports of the secretariat for committee approval;

(b)

on behalf of the committee, organise stakeholder meetings for purpose of setting or updating f zonal research priorities;

(c)

identify, in consultation with stakeholders, priority research areas for committee approval;

(d)

disseminate information about the zonal competitive grant scheme and its Fund and publicise calls for proposals;

(e)

receive and register applications and acknowledge receipts to applicants;

(f)

carry out administrative and technical pre-screening of the proposals to ensure that prescribed format for Competitive Grant Scheme application and procedures are adhered to;

(g)

prepare and submit proposals for assessment by a technical committee;

(h)

prepare and submit proposals for peer review;

(i)

summarise assessors' report for selection of proposals;

(j)

communicate with applicants on the status of the^' processed proposals; 'W

(k)

prepare and sign contracts of supported proposals; *

(l)

disburse funds to grantees;

(m)

receive, record and review progress and final reports on funded projects;

(n)

monitor and evaluate projects in consultation with the recipient organisations;

(o)

approve minor modifications to approved projects and submit major modifications for technical committee consideration;

(p)

stop disbursements when warranted by failure to submit reports or adverse monitoring findings; (q) organise training in the preparation of proposals, and other aspects of the project cycle, as needed; * and

(r)

liase with stakeholders including potential new sources of funding; and (s) propose changes to operational manual as required for committee approval.

(4)

A zonal fund manager shall be appointed by the board on the recommendation of a committee and his or her recruitment shall be on the basis of competitive selection.

9. (1)

The committee shall meet four times a year at Committee meetings such place as the chairperson may determine for the discharge of it$ business (2) The quorum for a meeting of a committee is five members.

(3)

Notice of a committee meeting shall be given in writing to each member at least fourteen working days before the day of the meeting.

(4)

The chairperson shall preside at every meeting of Ine committee and in the absence of the chairperson, the member present shall elect one of their number to preside at that meeting.

(5)

The person presiding at a meeting of the committee shall have a casting vote in addition to his or her deliberative use.

(6)

Subject to this regulation, a committee may regulate its own procedure or any other matter relating to its meeting.

10. (1) Every decision of the committee

shall, as far as Decision of the possible, be by consensus. committee

(2)

Where on any matter consensus cannot be obtained, the matter shall be decided by a majority of votes of the members present and in case of an equality of votes, the teerson presiding shall have a casting vote in addition to his or ner deliberate vote.

(3)

A zonal fund manager shall cause to be recorded minutes of all proceedings of the committee.

(4)

A zonal fund manager shall have custody of the minutes of the committee.

11. The members of a conunittee shall be paid such Remuner

allowances as may be determined by the board. ation of members

Power to 12. (1) A committee may invite any person who, in the co-opt opinion of a committee, has expert knowledge concerning the functions of the committee, or who is likely to be of assistance to a committee to attend and take part in the proceedings of the committee.

(2)

A person attending a meeting of a committee under this regulation may take part in any discussion at the meeting on which his or her advice is required, but shall not have any right to vote at that meeting.

Disclosure 13. (1) If a person is present at a meeting of a committed of interest at which a matter is the subject of consideration and in which' that person or his or her nominee or spouse is interested in a - private capacity he or she, as soon as practicable after the commencement of the meeting disclose that interest and shall not unless a committee direct otherwise, take part in any consideration or discussion or question relating to the matter.

(2)

A disclosure of interest made under this regulation shall be recorded in the minutes of the meeting at which it is made.

Factions of 14. (1) A zonal fund manager is responsible for the daythe Fund Manager to-day operations and administration of the Fund.

(2)

Without prejudice to the generality of subregulation (1), a fund manager is responsible for- (a) implementation of the policies and program of th® Fund;

(b)

the organisation and control of the staff of the Fund;

(c)

identification and preparation of zonal competitive agricultural research activities;

(d)

preparation, monitoring and control of the Fund's operating budget; £ 692

(e)

participation in the selection and supervision of agricultural research service providers;

(f)

awareness and sensitisation activities associated with the zonal program;

(g)

preparation of progress reports to the committee;

(h)

acting as secretary to the committee; and

(i)

any other duties that may be assigned to him or her by the committee and the board.

(3)

The zonal fund manager is in the performance of - his or her functions, answerable to a committee.

(4)

A fund manager shall cease to hold office if- fa) he or she resigns;

(b)

his or her contract expires;

(c)

has financial or proprietary interest in organisations that may be benefiting from the Fund for provision of agricultural research services;

(d)

he or she is removed from office by the board for-

(i)

misconduct or misbehavior;

(ii)

inability to discharge the functions of his or her office arising out of physical or mental disability;

(iii)

incompetence.

15. (1)

The board may appoint other officers and staff of Other officers and the Fund as may be necessary for the effective performance of staff the functions of the Fund.

(2)

The employees appointed under this section shall hold office on such terms and conditions as may be specified in their instruments of appointment.

Protection of members

16. (1)

A member of a committee is not personally liable and staff for an act done by him or her in good faith and without from liability negligence for the purpose of carrying into effect the provisions of these Regulations.

(2)

An employee of the Fund or other person acting on behalf of a committee is not personally liable for any act done by him or her in good faith and without negligence for the purposes of carrying into effect the provisions of these Regulations.

Part III

20. The financial year of the Fund

shall be the twelve Financial months beginning on 1st July of each year and ending on 30th p^dof lhe June in the following calendar year Estimates

21. (1)

A fund manager shall, not later than three months before the end of each financial year, prepare and submit to a committee for its approval and recommendation to the board, estimates of income and expenditure for the next ensuing financial year, and may at any time, before the end of the financial year prepare and submit to a committee, any estimates supplementary to the estimates of the current financial year (2) No expenditure shall be made out of moneys of the Fund unless that expenditure is part of the expenditure approved by the board under subsection (1). M

Accounts 22. (1) The zonal fund manager shall keep proper books of accounts of all the income and expenditure of the Fund and proper records in relation to them in a form approved by the Auditor General.

(2)

Subject to any directions given by the board, a committee shall cause to be prepared in respect of each financial year, a statement which shall comprise-

(a)

a balance sheet and a statement of income and expenditure of the Fund in respect of that financial year; and (b) any other information in respect of the financial affairs of the Fund as the board may require.

Audit 23. (1) The accounts of the Fund shall, in respect of ea^J financial year, be audited by the Auditor-General or by an auditor appointed by the Auditor General.

(2)

The donors may appoint an auditor of their choice to audit the books of the Fund.

(3)

The board shall ensure that within three months after the end of each financial year, the statement of accounts described in regulation 22 is submitted for auditing.

(4)

The Auditor-General or an auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Fund and is entitled to have any information and explanation required by him or her in relation to them as he or she may think fit.

(5)

The Auditor-General shall, within three months after receipt of the statement of accounts under subregulation ,(3) audit the accounts and deliver to the committee a copy of the audited accounts together with his or her report on them, stating any matter which, in his or her opinion, should be brought to the attention of the board.

24. (1)

A committee shall within three months after the Annual reports end of each financial year, submit to the board the annual status report and the audited accounts referred to in regulation 23(5) together with the Auditor General's report on them.

(2)

The board through the Minister shall, as soon as possible after receiving the reports referred to in subregulation (1) submit the reports to the Parliament.

25. (1)

The board shall before the end of each financial Annual meeting of year, convene a meeting to be attended by- stakeholders

(a)

members of the Committee;

(b)

the Fund Managers;

(c)

District Chairpersons;

(d)

two representatives of agricultural research service providers from each zone; (e) two representatives of the private sector from each zone;

(f)

two representatives of the civil society from each zone; and

(g)

two representatives of the farmers from each zone.

(2)

The purpose of the meeting shall be for the-

(a)

presentation by the committees of the annual status report and discussion of conclusions, observations and recommendations relating to the reports;

(b)

presentation by the committees of their preliminary reports concerning the financial status of the Fund; and

(c)

determination of zonal agricultural research priorities which addresses the farmer's and other stakeholders demands, needs and opportunities.

Procedure 26. The Fund shall be managed in accordance with the for accessing guidelines set out in the Schedule to this Regulations. the fund

The Public 27. In respect of any matter, where these Regulations Procuremen have not expressly or by necessary implication made provision t and Disposal of for, the Public Procurement and Disposal of Public Assets Act, Public Assets Act, 2003 or any regulation made under it shall apply to any such 2003 to matter. apply where no provision is made

SCHEDULE. LlBRAltl

GUIDELINES.

1. FORMULATION AND SUBMISSION OF PROPOSALS

The text of this section isn't in the consolidation we hold — see the original PDF above.

1. (1) The Fund Secretariat shall advertise

calls for research Cails for proposals in Uganda's newspapers twice each year (i.e. January and July), copies of the call for proposals will be circulated widely, including to PARIs, Universities, selected ^Non-Governmental Organisations, private research entities, Industrial organisations, farmer or Commodity associations, and the District Production Departments and NAADS Coordination offices (2) (a) The call for proposals shall also be posted on the Board website.

(b)

Appendix 1 provides an indicative announcement for the call for proposals. (3) The Fund Secretariat should receive research proposal submissions in response to the January and July calls by 30th March and 30th September, respectively, and only submissions received or postmarked by the deadlines are accepted.

(4)

(a) Applicants will be informed of decisions by 30th June and 31st December of the same year for January and July invitations, respectively.

(b)

For January invitation, grants will be available from July 1st of the same year, while grants for July 0 invitations will be available from January 1st of the following year.

2. The applicant shall be- Eligibility
(1)

(a) resident in Uganda and where the applicant is non- residential of Uganda at least the principal investigator should be resident in Uganda;

(b)

a person qualified to undertake the proposed agricultural research and development activity.

(2)

(a) For agricultural research, the applicant should demonstrate capacity to conduct agricultural research and deliver the stated results in the proposal, and post-graduate students, should be closely supervised by an adequately qualified scientist. (b) in the case of development activities, indication of competence should be provided by the applicant. (3) The applicant shall be registered with the board as an agricultural research service provider. Relevance 3. The proposed agricultural research-or development activit^ should be relevant to the development needs of the zone as indicated by- (a) priority research areas for funding provided by the competitive grant scheme; (b) a competitive grant scheme call for proposals on the topic in question; or in rare cases; (c) ex-ante impact assessments that score high economic returns to clients in the zone.

Proposal 4. (a) Applicants must read the relevant portions of the Zonal format Competitive and Agricultural Research and Development Manual and, if needed, are.advised to seek clarification from the Fund Secretariat. (b) Research proposals should be formulated and submitted according to the CGS format provided in Appendix 2a. (c) Specific Guidelines to assist proposal writers are given in Appendix 2b. (d) Applications shall be prepared in english and typed. (e) The quality of the document must be good enough to enable the Fund Secretariat to make copies. (f) An electronic copy of the proposal shall also be required. (g) All research proposals will be recorded, filed, and treated as confidential documents by the Fund Secretariat. Institutional 5: (a) The appropriate senior administrators must endorse endorsement submissions by postgraduate students and staff members of research institutions.

(b)

The endorsement must indicate that resources (other than those requested from the CGS) are available to support the proposed research and that the proposed activities are in accordance with the institution's policy and priorities. (c) In the case of collaborative agreements or large proposals with several sub-projects, several endorsements may be needed.

6. (a) Before embarking on writing a

full research proposal, Pre proposals ' applicants shall submit two- to five-page pre-proposals or ^^expressions of interest.

(b)

A small working group operating under the Secretariat shall review the pre-proposals and advise applicants on their prospects for receiving funding as well as on some of the main points applicants should consider when developing their pre-proppsals into full proposals.

(c)

The format for pre-proposals is not prescribed and the feedback received from Secretariat working group is not binding. (d) Except under exceptional circumstances, no funding will be provided for the purpose of developing proposals.

(e)

Pre-proposals are encouraged and reviewed as a service to prospective applicants, with intent of improving proposals and reducing waste associated with the development of proposals that are unlikely to be funded by the scheme.

(f)

The deadline for the pre-proposals shall be two months prior to the deadline of the full proposals.

(g)

The Secretariat working group shall send its non binding feedback to prospective applicants within ten working days following receipt of the pre-proposals.

7. (a) The Fund Secretariat will screen

all research proposals Pre screening received for compliance with the prescribed procedures.

(b)

The purpose of this administrative pre-screening is to eliminate from further consideration proposals that: * were not submitted by the due date; * deviate significantly from the prescribed format; * omit essential required information; * do not include the required supporting documents; or * request funding in excess of the maximum limit of CGS. (c) The Secretariat shall perform administrative pre-screening within five working days after the due date. (d) The decisions by the Secretariat during administrative^ pre-screening shall be reported to and reviewed by the proposal assessment technical committee, which ♦ may, if needed, reconsider these decisions and advise the secretariat on how to proceed in the future. *Independer 8. (a) Proposals that pass pre-screening shall be sent to all technical members of the technical committee and at least two peer reviewers assessment who are specialists in the subject area of the proposal. (b) The guidelines for assessors are given in Appendix 3a, the criteria and the weights to be used in rating proposals of various types are tabulated in Appendix 3b, and the form to be used for the assessment is attached as Appendix 3c. (c) The Fund Secretariat shall make reasonable efforts (including seeking replacement assessors when needed) to secure two mdependent assessments, but if this fails, technical committee shall make selection^ based solely on the members' assessments. (d) While the identity of the assessors shall be kept confidential by the Secretariat and the technical committee, the content of the assessments and especially substantive comments on how to improve the proposed research shall be made available to principal investigators.

Selection of 9. (a} The Secretariat will select research proposals and proposals approve grants for their implementation, taking into consideration assessment reports or comments from the technical committee

members and peer reviewers, as well as specific priorities mentioned in the call for proposals and general priorities approved by the committee. (b) To assist the decision-making process of the peer reviewer on the proposals, the Secretariat will compile technical committee members' and assessors' ratings of proposals and compute rankings. (c) The technical committee has the right to reject highly rated proposals, which have appropriate methods but little relevance; or projects with relevant objectives but scientifically inappropriate design. (d) In most cases, the technical committee shall accept proposals, reject them entirely, or request applicants to revise their proposals for re-submission during the next funding cycle. (e) The technical committee shall not cut budgets and rewrite proposals to fit the reduced resources. (f) Good projects with inflated budgets shall be rejected and applicants notified of the reasons. (g) Acceptance with a budget cut shall be used only rarely, typically in a situation where the proposed research has several components and the proposal specifically indicates that some of the components can be completed irrespective of whether the others are funded or not. (h) The technical committee shall justify and document its decisions, especially those that significantly differ from the rankings based on ratings. (j) The Secretariat shall inform applicants of the outcome of the selection process and, if so requested by applicants, explain the justifications used. The chairperson of the technical committee shall present the proposal assessment report to the committee for approval.

10. (a) After decisions of the technical

committee and approval Award and grant by the committee, the Secretariat shall initiate contract procedure conditions for proposals selected for support.

' 703

(b)

On signature by all parties, a formal agreement is entered into by the parties, namely the zonal fund manager (on behalf of the board), the principal investigator, and, if applicable, the institution. A copy of the contract form is available in Annex 4.

Cost 11. (a) Applicants are advised to take great care in developing coverage their budget as any unnecessary expenditure, particularly for travel and per diem, will greatly impede the possibility of selection. (b) Applicants shall take note of the following-

(i)

the scheme covers only direct research costs and professional fees for researchers, and does not support salaries or allowances, except in the cases listed below. (ii) an overhead allowance of 8% and upto 15% of the total budget is payable to the grantee's institution, department or organisation. (iii) stipends to support post-graduate students are permissible and no allowances can be paid for those who receive the stipends. (iv) faculty members who co-ordinate major research projects and involve post-graduate students can be paid per diem allowances for supervision.

(v)

well justified travel costs, including costs of overseas travel, are tenable under the scheme.

Financial 12. (fl) The administration and management of grants shalr responsi bilities and follow procedures of the submitting institution. procedures (b) Authorised officers within the institution will authorise payments.

(c)

The institutions will use their normal regulations and procedures for determining payments for travel, supplies, etc. except as they may not conflict with this regulations and procedures, in which case this regulation procedures will apply.

(d)

Within the PARIs, the administration and management of grants received by PARI scientists will follow established procedures of the PARI using its accounting documents, although funds from CGS will be kept discrete from the other PARI accounts. (e) The Director of the PARI will authorise payments, on acceptance of progress and annual reports. (f) For self-employed investigators not affiliated with the universities, research institutions, credible NGOs and private companies, the grant funds will be managed | by the Fund Secretariat, which will be the institution of reference.

(g)

Financial reporting shall be part of the reporting requirements and will follow the guidelines and format provided in the Appendix 5.

(h)

The Finance Officer of the institution shall sign the expenditure reports, along with the principal investigator.

(i)

The Fund Secretariat will receive all financial documents from the institutions and individuals, check them for accuracy, and process payments.

13. (a) Upon receipt of the completed

research grant forms from Disburse the grantee, the Fund Manager shall authorise the release of 70% of the ment and accounting approved first year's budget for the implementation of the project. for funds

. (b) Grant disbursements will be made to the Head of the * submitting institution, who will in turn release funds to the principal investigator for project implementation as and when necessary. (c) The principal investigator shall submit a statement of actual expenditures for each three-month period, together with a request for the next period, according to the project work plan and budget.

(d)

After the initial advance, disbursements will be released only on acceptance of reports.

(e)

Failure to provide a satisfactory account of expenditure may result in the immediate suspension or termination of CGS funding and the refund to the fund of any funds which, in the opinion of committee, have not been satisfactorily accounted for. (f) The Fund Secretariat and other audit teams reserve the right at any time to inspect the financial details relating to CGS funded projects. (g) Any equipment or material purchased from the fund shall become the property of the institution or department at the end of the project. (h) In the case of development projects, the fund shall ha'^r a joint ownership with the grantee of any equipment or materials commercialised. (i) On completion of the project, any unspent balance from fund grant must be refunded to fund.

Progress 14. (a) The principal investigator shall submit to the Fund and final Secretariat, progress report every three months from the date of reports commencement of the project. (b) Upon completion of the project, a financial statement, two bound copies and an electronic copy of the final report shall be submitted to the Fund Secretariat. (c) This report should cover the life of the project and stress achievements, results and likely impact. (d) A list of publications should be appended. (e) Post-graduate students should submit a copy of their thesj^ (J) All reports will be examined for completeness and will be reviewed for technical progress and achievements against the milestones, which were included in the proposal and therefore form part of the contractual agreement. (g) Financial expenditures will be scrutinised against the budget and projected expenditure plan and where necessary, the principal investigator or the Head of submitting institution may be asked to clarify, make additions and corrections.

(h)

All reports should be prepared according to the format for presentation given in Appendix 6.

(i)

Copies of all progress and final reports should be given to the Head of submitting institution or department.

15. (a) Progress reports are due 15

days after the end of each Sanctions zee-month period and if the progress report is not received within two weeks after the due date, the principal investigator or the head of submitting institution will be notified to suspend disbursement of funds until the report is received.

(b)

The Fund Secretariat will not approve further disbursement of grant funds until the situation is satisfactorily remedied.

16. (a) If performance of the contract

by either party is delayed, Force majeure hindered or prevented, or otherwise frustrated by reason of force majeure (civil commotion, fire, flood, action by any government or any event beyond the reasonable control of the party affected) then the party so affected will promptly notify the other party in writing, specifying the action of the force majeure and of the anticipated delay in the performance of the contract.

(b)

From the date of that notification, the committee may at its discretion either terminate the contract immediately, or suspend the performance of the contract for a period not exceeding six months.

(c)

In the event of the contract being terminated by reason of force majeure, the principal investigator or the head of submitting institution of the project will submit an account in 'writing to the Fund Secretariat. Such an account should take into consideration the amount claimed, all fees and costs properly incurred or committed by the principal investigator or the head of submitting institution in relation to the contract, which cannot be recovered, and any outstanding advances made.

(d)

If payments are within the financial limit, and not subject to dispute, the committee will pay all sums due and outstanding under the terms of the contract up to the date of termination. Monitoring 17. (a) Routine monitoring of research projects will be done by and evaluation. the Secretariat based on progress reports submitted by the principal investigator of the research projects and the Secretariat shall also undertake spot-checks to ensure accountability.

(b)

In addition, substantive monitoring and evaluation visits by scientists or experts knowledgeable in the field of , study of the project shall be undertaken periodicallj^^

J (c) During such visits, the following will be reviewed- * Progress in the implementation of projects; a * Changes that can be made for those projects that appear to be in trouble; * Whether the reports reflect reality and to gain information to pass on to others as to how to conduct a successful project. (d) Experts appointed by the committee shall review all progress and final reports. Fund 18. The indicative timetable of the fund is provided in indicative timetable. Appendix 7.

Publication 19. (a) The committee encourages grantees to publish their and Dissemina results in scientific journals and extension materials. tion. (b) Publications in peer-reviewed international journals anA advisory services support information provide important support for researchers seeking new » funding from the fund. (c) Such publications should be submitted as part of a progress or final report where possible. (d) Financial contribution from fund be acknowledged in publications based on research supported by CGS as follows:- This research was supported (in part) by (name of the zone) Competitive Agricultural Research.

APPENDIX f

Indicative call for proposals

Agricultural Research Grant Award (Period and Year)

The (name of zone) Zonal Competitive Agricultural Research and Development Fund operated by the National Agricultural Research Organisation of Uganda invites research and development proposals for . consideration for the Agricultural Research Grant Award (period and ^^ear).

The objective of the scheme is to promote research with substantial benefits to farmers and other end-users either direcdy or through contributions to clearly identified research activities. The scheme is also open to pilot activities that develop research results into commercial products or demonstrate the potential of improved technologies. In (period and year), proposals are especially called from the following areas:

• Area 1 • Area 2 • Area 3

The scheme gives preference to concerted efforts to develop solutions to priority problems, with clear articulation on who the clients are and how the results will be disseminated to them or used by downstream research. ^Scientists (including post-graduate students) are encouraged to form •multidisciplinary teams and to develop proposals in consultation with end-users.

Before devoting significant resources to develop proposals, applicants are encouraged to write short pre-proposals to get feedback on their prospects of getting support. The closing date for the pre-proposals is February 01 and August 01 each year.

The format for the research grant application, guidelines for proposals and pre-proposals and the evaluation criteria used to assess proposals can be obtained from:

1. The Fund Secretariat, (........ ZARI)

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Deans of the Agriculture-related faculties at Universities

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Directors of all Public Agricultural Research 'Institutes

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Directorates of Production at District Headquarters

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. NAADS offices

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. District Farmers' Fora offices

Closing date of grant applications: March 30th (January invitation) or September 30th (July invitation).

APPENDIX 2A

Format for Grant Application

A. TITLE PAGE i. Title ii. Principal investigator. iii. Submitting institution iv. Signature of principal investigator

EXECUTIVE SUMMARY

I. Project description - (maximum of one page) II. Justification HL Purpose of the study IV. Objective V. Expected outputs VI. Innovative aspects VII. Partnership approach VIII. Plans for technology transfer/dissemination of results IX. Anticipated benefits and their distribution

C. CV of principle investigator(s)

APPENDIX 2B

Format for Full Proposal A. TITLE PAGE v. Title vi. Principal investigator and amount (%) of time to be spent on this project vii. Submitting institution viii. Investigator ix. Budget amount (Total Figure only) x. Names, qualified and expected time commitments ((^^ of all involved x>. Signature of Principle Investigator xii. Authorising Signature (Dean of Faculty/Director of Institute/NGO/Company) D. EXECUTIVE SUMMARY x. Project Description - (maximum of one page) xi. Justification xii. Innovative Aspects xiii. Partnership Approach xiv. Plans for technology transfer/dissemination of results xv. Anticipated benefits and their distribution

E. DETAILED PROJECT PROPOSAL i. Background and justification Incuding Literature 'Review status of the project, if part of on-going project, e.tc ' ii. Detailed project description including objectives expected outputs iii. Workplan (phases etc.) ? iv. Detailed Budget including other sources of funding v. Monitoring Benchmarks, key indicators and monitoring scheme vi. References cited. (Bibliography)

F. CV OF INVESTIGATOR (S) CV of Principle Investigator and other collaborators

APPENDIX 2C

Guidelines for preparing full research proposals The following guidelines are to be used in preparing research proposals

A. TITLE PAGE i. Title Keep the title of the project short and simple (maximum of 120 characters). The title should clearly reflect the objectives of the proposed project.

ii. Principal investigator Provide your name, qualifications (degrees/diplomas), and the amount of time to be spent on the proposed project.

iii. Submitting institution Provide the name and address of your institution.

iv. Investigators Provide information of investigators indicating principal co investigator, institutional affiliation, qualification, responsibility and expected time commitments (%) under the proposed project.

v. Budget amount Provide total figure only

vi. Signature of principal investigator The principal investigator should append his/her signature to the research proposal before submission

vii. Authorising signature (Dean of Faculty/Director of Institute/NGO/Company) The Head of submitting institution is the authorising signatory and should endorse the research proposal before submission.

B. EXECUTIVE SUMMARY The summary should be sufficiently informative and should cover information given in the background, justification, objectives and research plan.

I. Project description This should give a brief description of the project (max. length one page).

II. Justification This should provide a summary of why the proposed project should be undertaken.

III. Innovative aspects Provide information on new ways, if any, of addressing identified problem(s) of the proposed research project or, new findings from the proposed project, which will help address the identified problem.

IV. Partnership approach Partners (local and international) to be roped in for the implementation of the project and possible benefits, if any, to be derived thereof.

V. Plans for technology transfer ordissemination of results A well laid-out plan of how technology or research results to be generated will be transferred to end-users.

VI. Anticipated benefits and their distribution Provide information on the benefits to be derived from the execution of the project and how they would be distributed among participating scientists and institutions as well as end-users.

C. DETAILED PROJECT PROPOSAL

I. Background and justification As background to research, provide literature review of key findings and theories relevant to the proposed study, explaining how the proposed study builds on past work in the country. This should be limited to two pages.

Rationale should be limited to one page and cover the following points:-

What is the scope and nature of the problem that is to be researched? Why is the problem important, particularly in a development context, and in the context of priorities established for the award of grants under the fund. How does the problem to be researched lend itself to resolution through proposed research?

II. Objectives and expected outputs Present the general (long-term) and specific (short-term) objectives and expected outcomes of the proposed project. The specific objectives should respond to the identified problems and should be directly related to the activities proposed in the project description. List what the research activities would seek to achieve in terms of the special focus areas (priorities) identified for the CGS.

III. Detailed project description This is the heart of the proposal. It should be written in full details and should be directed to specialists in the field. The following should be included.

description of activities to be carried out to meet the stated objectives; description of how each component of the project would be undertaken and what methodologies would be used; criteria for choosing project sites, if a survey is part of the project, gitfe details of procedures and questions to be asked (attach questionnaire); schedule or chart showing the phasing of activities, identifying collaborating researchers and institutions and the contributions or comparative advantage they bring; describe what next steps would be when the work is completed i.e. how would follow-up work or research be done and what would be the likely funding needs and sources.

IV. Work plan The detailed work plan should give activities to be undertaken on a monthly basis and unit cost or rates. Disbursement of funds will be done according to the detailed work plan.

V. Detailed budget The budget should give all cost detailed in the work plan according to the specified items. The budget items must be relevant to the proposal research plan and should be justified in the research plan. The following should be observed with regard to budget items.

1. Salaries/Wages/Fees/Allowances

These should cover only modest costs for short-term expertise and skills requirements such as Research assistants, technicians, graduate students and casuals. The fund does not pay salaries, wages and allowances (medical, house, travel, etc) of investigators.

2. Travel

a. Local travel costs should include only costs for the implementation of the project (for sample collection, field visits, etc). The need for travel costs should be explained in the research plan. Travel costs to conferences, scientific meetings, etc, should not be included under this item.

b. The need for international travel should be adequately justified in the research plan, while specific travel costs (airfare, accommodation, etc) should be included in the^ detailed work plan.

3. Equipment *

Equipment (not exceeding US$3,000) if necessary should be justified in the research plan. Specification and description of each item and its estimated cost should be included in the work plan.

4. Expendable supplies

Categories of expendable supplies (fertilisers, feed, drugs, reagents, glassware, solvents, etc.) should be listed in the work plan and a cost estimate for each category should be given.

i. Communication charges Communication costs (for mailing, telephone calls, fax, etc) should be within reasonable limits and be related to the implementation of the project.

ii. Literature List categories of literature (books, journals reprint, abstract reviews, etc.) and give a cost estimate for each category.

iii. Printing or Publication Printing or publication costs include costs of preparing and printing project reports and costs of publication (in scientific journals) of papers arising from project results. Costs should be specified in the work plan.

iv. Seminars or Workshops Seminars, workshops and conferences to be attended or organised locally should be relevant to the project and explained in the research plan. Specific costs of these items should be included in the work plan. Travel costs for international workshops and conferences relevant to the project should be included in international travel.

v. Maintenance of equipment or facilities Estimated maintenance costs should be included in the work plan for each equipment or facility required for the implementation of the project.

vi. Contingencies The contingency item is included to take care of adjustments in the budget due to inflation and other unforeseen factors. Use of contingency funds has to be justified.

vii Overheads For the administration of the project, the participating institution will receive 5% -15% of the grant amount.

viii. Sources of funding Give information on other sources of funding (national or international) including pending applications for funding for the proposed research project.

VI. Monitoring A description of key indicators, benchmarks and other monitoring tools against which the progress or achievements of the activities and- the project can be evaluated. Attach a project logframe or results framework.

VII. Reference cited Give reference to literature you have cited on the subject.

c. CV of PRINCIPAL INVESTIGATOR Provide curriculum vitae of the principal investigator.

APPENDIX 3A

Form and instructions for proposal pre-screening

Title of research project: ....................................................................... Reference No............................................................................................ Name of proposer: ................................................................................... Name of reviewer:.................................................................................. No. Criteria Standard Check

Eligibility Yes No Clear indication Name of registered institution or

1. of who is legally individual and signature of lead

responsible scientist Minimum of postal address and

2. Contact address telephone number indicating residence

in Uganda

Letter of If researchers are employed by an

3. authorisation institution that is not the proposer, then

and consent letter (s) authorising them to participate in team and accepted by scientist CVs of CVs should contain photocopies of

4. researchers certificates of academic awards and

attached names of three referees

5. Area of research A clear indication of the relevance of

the study to the call

6. Formal Is the application in the prescribed format

Budget limit Is the application within the set budget limit x Copy of the Is the electronic copy of the proposal proposal provided Comments

Accepted/Rejected

APPENDIX 3B

Criteria and weights for proposal rating Title of research project: ...................................................................... Reference No: ......................................................................................... Name of proposer : .................................................................................. Name of Reviewer:.................................................................................. Score General Max Actual

Demonstration that proposers understand the issues and that Interpretation of terms

1. methodology and team will address

of reference the research opportunity in & relevant way.

2. Monitoring indicators identified in

Monitoring indicators 7 terms of quantity, quality and time

Sub-total General 15

Technical appraisal Scientific merit and Based on good scientific research

3. quality practice

Appropriateness of the Methodology should be suitable in

4. research methodology terms of its sophistication relative to

the task

Likely achievement of Proposals should not be objectives within the unrealistically ambitious in terms of

5. time frame and budget targets set

indicated

Availability and suitability Facilities need to be appropriate for of the necessary research the research to be carried out. Where facilities facilities have to be hired, written

6. 4

confirmation of their availability is required.

7. Proposed approaches to Methods and results should

hazardous procedures minimise any harmful bi-products or and ethical deleterious effects on the 4 considerations environment

Sub-total Technical Apprisal 30

Score Social and InstitutionalAppraisal Max Actual Poverty focus Research should be undertaken for

8. the principal benefit of poor farmers

Deepening Research should be conducted in decentralisation conjunction with farmers

9. 5

organisations at decentralised levels of administration Targeting market Proposal should show the link to

10. ' opportunities market opportunities for the

improved product Gender focus and Proposals should be designed to gender-responsiveness ensure a fair opportunity for women

11. to share in the benefits of the

research Quality and diversity of Participatory processes followed, participation multi-disciplinarity, diversity and

12. complementarity of roles, evidence

of agreements and consensus, etc. Sustainable natural Research should not result in any resource management long term reduction in the

13. productive potential of natural

resources Capacity development Proposal should include provision

14. of research institutions for young professionals to gain

research experience Sub-total Social and Institutional Appraisal 27 Economic Appraisal Expected economic Research outputs should benefit a benefits large number of farmers. Benefits

15. should also include projected

increase in farm incomes Proposal is cost- Low cost research techniques are

16. effective preferred

High level of benefits Ratio of benefits to costs should be relative to costs high. Thus high cost proposals can

17. only be justified by very large

benefits

Sub-total Economic appraisal 16

Communications Appraisal

Assessment of Proposal should include plans to communication needs assess communication needs of

18. of target group target group for the dissemination of

results Provision to develop Proposal and budget need to provide appropriate materials for production of communication

19. for intended materials

beneficiaries Provision for Proposal and budget need to provide dissemination informa for programme of dissemination of

20. tion on results with research results

partners Sub-total Communications appraisal 12 Total Appraisal APPENDIX 3C Instructions to evaluators

1. You should rate the proposals based

on the criteria explained in the attached table (Appendix 3b), in light of the overall objectives of the scheme and the specific priorities for the current funding cycle as explained in the attached call for proposals and the attached extract from this Guidelines. Please record your ratings and comments using the rating form.

2. If any of

the members of the proposed research team is your close relative or friend or a student whose *you work supervise or if you or your family has a direct or indirect financial stake in the proposed research, or if you have a significant adversarial or competitive relationship with any of the team members you are considered to have a strong conflict of interest. If you have a strong conflict of interest with certain applicants you should not rate their proposals and are not eligible to be paid if you do. (You can still express an opinion on the proposal, but this shall not be presented to the committee as an independent review). If you know that you have a strong conflict of interest or are not sure whether you do, you should immediately contact the Fund Secretariat. In unclear cases, the Fund Manager shall determine whether an unacceptable conflict of interest exists. Minor conflicts of interest should be disclosed. The technical Sub committee will review the Fund Manager's decisions and consider the disclosed conflicts together with the assessments.

3. The Fund Secretariat seeks to contact

assessors in advance to check whether they are available, free of conflicts of interest, sufficiently familiar with the topic to express their opinion, and interested in the assignments. If, for any reason, you find that you cannot or should not perform the task, you should immediately contact the Fund Secretariat.

4. Timeliness is highly appreciated and rewarded. The Fund

Secretariat is authorised to pay full assessment fees only to those assessors who submit (or mail-as indicated by the postmark) their assessments by the due date. Assessors who submit their assessments within five working days after the due date shall be paid a reduced fee. No fees shall be paid for reports delayed by more than five days. Instead, the Fund Secretariat is required to seek replacement assessors.

APPENDIX 4 Research Contract

1. The (name of zone) COMPETITIVE AGRICULTURAL

RESEARCH AND DEVELOPMENT COMMITTEE (ZCARDF) has approved a Grant in the amount of

_ ________________________ to the___________________ __

(hereinafter called the grantee) to enable him/her/it to undertake the research project entitled:

2, The Grant is subject to sufficient funds being made available to ZCARDF by the National Agricultural Research Organisation, Local Governments, stakeholder beneficiaries and Development Partners during the full term of the Project.

1. The Grant has been awarded to support the project

described in the attached proposal, dated______ and signed by______________ as the principal investigator and ______________________ as the appropriate administrator. The proposal and associated budget are part of this contract. Unless otherwise agreed in writing by the Fund Secretariat, the grant shall be used only to cover the costs included in the budget to implement the activities outlined in the proposal.

2. DISBURSEMENTS
(a)

Initial payment of 70% of the amount budgeted for the first year shall be made upon receipt by Fund Secretariat of a copy of this memorandum signed by the principal investigator and, if applicable, the Dean/Director/Head of the institute.

(b)

Further payments shall be made every three months in accordance with budgeted needs for the subsequent three-month periods, provided that the project follows the proposals and complies with reporting requirements and that it is not found to perform unsatisfactorily by CGS monitoring.

(c)

The final payment of 15% of the budget for the final year, if warranted by expenditures, shall be made by the Secretariat upon the acceptance of the final report.

3. GRANT CONDITIONS
(a)

The principal investigator or submitting institution will undertake to conduct the project and administer the contract in an efficient manner as indicated in the proposal.

(b)

Unless otherwise specified in the proposal or agreed in writing by the Fund Secretariat, the grantee will commence the implementation of the project within one month of the award of the research grant.

(c)

The grantee agrees that the payment of any funds under this grant is subject to the grantee's compliance with the conditions set out in this contract.

(d)

The grantee shall submit progress reports to the Fund Secretariat every three months. Reports are due 15 days after the end of each period; the first three -month period starts at the commencement of the project. Financial reporting shall be part of the progress reporting and shall follow the format provided in the Appendix 6 of these Guidelines. Upon completion of the project, the grantee shall present a Final report that covers the life of the project, objectives, procedures and methodologies, findings and conclusions arrived, along with the final financial report.

(e)

Disbursements shall be contingent on acceptable and timely progress reports.

(f)

The committee or its appointed agent shall visit the recipient as needed to monitor progress of the project and the grantee shall co-operate with monitoring.

(g)

If monitoring indicates unsatisfactory performance or significant unauthorised deviations from the accepted proposal, the committee shall terminate the contract. The grantee accepts that committee has the right to do so and agrees to reimburse unspent funds as well as funds spent on activities that were not in accordance with this contract.

(h)

All unspent funds will be refunded to the fund on the completion of the project.

(i)

The grantee has the right to publish the findings but shall acknowledge the support from the fund.

SIGNATURES

1. PRINCIPAL INVESTIGATOR Date

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. HEAD OF RECIPIENT INSTITUTION Date

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. FUND MANAGER for the committee Date

APPENDIX 5A

Format for quality progress reporting

1. Title of project

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Name of principal investigator

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Name(s) of collaborating scientist(s)

if any and their institutions

4. Reporting period

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Abstract of report

|£). Objective of project and expected outputs/results

7. Methodology

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Major findings (with data analysis and interpretation)

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Problems encountered and possible solutions

The text of this section isn't in the consolidation we hold — see the original PDF above.

10. Statement of accounts to date x

4- Note: If it is a completion report, it should also in addition to the above parameters, include the following:

11. Significant technical achievements (description of

technologies) generated or verified.

12. Significant findings for policy makers and development

planning.

13. New research areas identified for future projects

A4. Lessons from project implementation that are relevant for * future projects.

15. Appropriate indicators for impact assessment

The text of this section isn't in the consolidation we hold — see the original PDF above.

16. Mode of dissemination of results and whether any

publications have emanated from the project so far

APPENDIX 5B

Format for Quarterly Progress Report

A: Project details

1. Project title

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Project no

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Name of service provider

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Report for the period from: to

B: Implementation relative to plan

1. Project plan incorporating actual achievement

Descrip Planned Actual Planned Actual Quantitative Indicators No. tion of Start Start Finish Finish Quantity Activity Date Date Date Date Units Planned Actual 1

2

3

2. Status of implementation (narrative)

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Constraints to project implementation

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Proposed solutions to constraints

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Attachments (if any)

C: Expenditure report Justified Cumulative Budget Expenditure Item Expenditure in expenditure Budget Balance Item Description this period previous todate (Ush) (USh) (Ush) periods (Ush) (Ush)

1. 2

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. 4

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Total

Appendix 5C

Format for Quarterly Financing report

Principal Investigator: Project Title: Contract No. Participating (host) institutions

A. Expenditure report Item Month- Month- Month-

1. Wages/fees/allowances

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Travel
(a)

Domestic i. Subsistence ii. Transport (b) International

3. Equipment

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Expendable supplies

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Postal/telephone charges

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Literature

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Printing/Publication

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Seminar/workshops

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Maintenance

The text of this section isn't in the consolidation we hold — see the original PDF above.

10. Miscellaneous

(Add rows as necessary for additional items) Total

B. Previous advance Shillings_____________________________ C. Balance (previous advance minus total expenditure)_______ D. Request for additional advance to cover the following three months: Month Month Month

Total additional advance (Shillings) E. Total advance requested (total additional advance less balance) F. Signatures: Signed:. Signed:

(Principle investigator) Title: Date:________________ Date:

APPENDIX 5D

Format for the Annual Report

The purpose of the Annual Report is to summarize significant scientific results from the previous 12 months work. Managerial issues that have arisen should also be described. Any significant changes in the project should be described. The outline for the report is as follows:

Title Page Table of contents Executive Summary

The Executive Summary should be typed double - spaced on a separate page; no longer than on page. Describe purpose of the project. Briefly describe the findings over previous year, and explain how these findings contribute to the project objectives. Clearly describe the nature of collaboration and postgraduate training activities during the year.

The Executive Summary is extremely important. It is the section of the report, which contributors to the NCARF abd policy makers use to assess the impact of NCARF - supported research projects. Write the Executive Summary so that the content is clear and concise.

Research Objectives

Provide a brief statement of project objectives. Do not include unnecessary background, history or literature review.

Research Achievements

Focus on the extent to which progress has been made in achieving the project's objectives since the time of the last Annual Report. Use Performance Indicators to compare and monitor progress against original plans. If results have been published, provide reprints as attachments. Describe any products or procedures that have been patented.

Project Impact

Are results from the project being *used? If so, how? If not, what are the anticipated uses? If so, describe revision.

Administrative or Management Issues

Describe any project administrative or management issues that have arisen since the last progress report.

Budget

Describe and justify major changes (10% or more in budget terms) to budget. Provide details as to all budgetary contributions to the project. Compare with the original plan and highlight any significant issues. Provide a detailed budget using the following format (as for the detailed work-plan) for the coming 12 months or remaining duration of the project. Required inputs and unit Month and activity Estimated cost costs/rates Month Etc. Sub-totals

Collaboration and Publications

Briefly describe collaborative activities, indicating who was involved, and when and where the activities occurred. Describe anticipated activities in the next quarter, and list project publications that have appeared since the last report.

Fund Management Secretariat Actions

Indicate how the Fund Management Secretariat can assist in promoting project implementation and productivity.

APPENDIX 5E

Format for Annual Financial Report

Principal Investigator: Project Title: Contract No. Participating (host) institution:

A. Expenditure report

Item Quarter 1 Quarter 2 Quarter 3 Quarter 4

1. Wages/fees/allowances

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Travel
(a)

Domestic i. Subsi stance ii. Transport (b) International

3. Equipment

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Expendable supplies

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Postal/telephone charges

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Literature

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Printing/publication

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Seminar/workshops

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Maintenance

The text of this section isn't in the consolidation we hold — see the original PDF above.

10. Miscellaneous

(Add rows as necessary for additional items) Total B. Previous advance Shillings C. Balance (previous advance minus total expenditure) D. Request for additional advance to cover the following year:

Quarter 1____ Quarter 2___ Quarter 3_______ Quarter 4___ Total additional requested (total additional advance less balance) E. Total advance requested (total additional advance less balance)

F. Signatures: Signed:__________________ Signed:_______________ (Principle Investigator) Title:__________________ Date:______________________ Date:________________

APPENDIX 51

Format for End of Project Report

1. Title of project

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Name of Principle Investigator

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Name(s) of Collaborating scientist(s) if any and their

Institutions

4. Reporting Period

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Abstract of Report

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Objective of Project and Expected Output/Results

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Methodology

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Major Findings

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Problems Encountered and Possible Solutions

The text of this section isn't in the consolidation we hold — see the original PDF above.

10. Statement of Accounts toDate

Note: If it is a completion report, it should also in addition to the above parameters, include the following:

11. Significant technical achievements (description of

technologies) generated or verified

12. Significant findings for policy Makers and Development

Planning

13. New research areas identified for future projects

The text of this section isn't in the consolidation we hold — see the original PDF above.

14. Lessons from project implementations that are relevant for

future projects

15. Appropriate indicators for impact assessment

The text of this section isn't in the consolidation we hold — see the original PDF above.

16. Mode of Dissemination of Results and whether any

Publications have emanated from the project so far

APPENDIX 5G

Format for End of Project Financial Report

Principle Investigator: Project Title: Contract No. Participating (host) institution:

A. Expenditure report Item Year 1 Year 2 Year 3 L Wages/fees/allowances

2. Travel
(a)

Domestic i. Subsistence ii. Transport (b) International

3. Equipment

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Expendable supplies

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Postal/telephone charges

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Literature

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Printing/publication

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Seminar/workshops

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Maintenance

The text of this section isn't in the consolidation we hold — see the original PDF above.

10. Miscellaneous

Total

B. Total advance Shillings____________________________

C, Balance (total advance minus total expenditure)________

D. Signatures:

Signed:_______ __________ _ Signed:_______________

(Principle Investigator) Title:_________________

Date:__________ ___________ Date:________________

APPENDIX 6

Indicative Timetable Call for proposals advertised July 05 Jan 05 Closing date for pre-proposals Aug 01 Feb 01 RGMC-WG feedback on pre-proposals Aug 15 Feb 15 Closing date for proposals Sept 30 Mar 30 Pre-screening ends; proposals to assessors Oct 10 April 10 Assessments due Oct 30 April 30 Substitute assessors, info to technical committee Nov 20 May 20 nembers RGMC meeting Dec 10 < June 10 Approval letters sent Dec 15 June 15 Due date for acceptance/modified proposals Dec 31 June 30 First instalment of funds sent Jan 01 July 01

DR. ISRAEL KIBIRIGE SEBUNYA, Minister of State for Agriculture currently holding the portfolio of the Minister of Agriculture, Animal Industry and Fisheries

Original Laws of Uganda consolidation (as at 03 December 2004) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.