Annex "A"
Status of Forces Agreement between the Partner States of East African Community
The Partner States have reached the following understanding relating to the status of the armed forces during the operation in military training visits and other related matters authorized by the Protocol.Areas of co-operation
1.The Partner State agree to inter alia cooperate in the following areas:d.visits and exchange of informationAccess and movement
2.(a)Members of visiting armed forces on official visit shall be granted freedom of entry into and exist from the territory of the host Partner State upon production of an official service identification card and valid travel document.(b)Competent authorities of the armed force will ensure that particulars of personnel and equipment entering or existing are provided in advance to appropriate host Partner State authorities for ease of administrative clearance.(c)Members of visiting armed forces may use each other’s military airfield, seaport, and land-based facilities for visits, training, exercise, refueling navigation and for other acceptable military purpose.(d)Members of the visiting forces of the armed forces of Partner State will access each other’s military facilities in accordance with such procedure as will be agreed,(e)The Partner States shall exempt from compulsory insurance, registration licensing, testing or payment of levies, fees, charges, and tolls to visiting vessels, vehicles and aircraft which belong to the armed forces of any of the Partner States.(f)The host Partner State shall ensure physical security of the members of the visiting Armed forces and their equipment.Uniforms and arms
3.Members of the armed forces on official visits or training assignments may wear their respective service uniforms and insignia. They may possess and carry arms when authorized to do so by their competent authorities after consultation with and subject to any restriction and direction on security and such related matters imposed by the host Partner State acting through its competent authorities.Costs
4.The costs of visits for purpose of this Agreement will be borne by the sending States or as may be otherwise agreed by the Partner States.Protection of the laws
5.While on training, visits or other recognized military duties in the host Partner States, Armed Forces personnel will be in entitled to the protection of the law of that state.Jurisdiction and enforcement of the law
6.In addition to the provisions on general protection of the law stipulated in the foregoing clause the following provisions will apply—(a)Armed Forces in charge of visiting member of a force may exercise in the host Partner State disciplinary jurisdiction conferred on them by the law of the sending Partner States of a member of its force.(b)The courts of law of the host Partner State may exercise jurisdiction over members of visiting Armed Forces with respect to offences committed in its territory and punishable under its law.7.In cases where the right to exercise jurisdiction is concurrent, the visiting Armed Forces will have the primary right to exercise jurisdiction if:(a)the offence is against the property or security of the visiting Forces State or against the property or person of another member of those forces, or(b)the offence arises out of an act or omission in the course of official duty and. the host Partner State confirms that there is no overriding public interest in the trial of the offence by its courts.8.In any other case the courts of the host Partner State will have primary right to exercise jurisdiction with respect to offences committed in that state and punishable under its law. Where a trial in respect of such offence takes place, the accused will be entitled to all basic right of a fair and speedy due process of the law.9.The host Partner State and the visiting Armed Forces will assist each other in the arrest of offenders for the purpose of handing them over under the provisions of clause 6 of this Agreement. They will in addition assist each other in the investigation and obtaining of evidence in relation to offences committed by members of a visiting force in the host Partner State.Claims ad liabilities
10.Each Partner State undertakes to waive any claim it may have against the other Partner State, or any officer, serviceman, servicewoman, servant or agent of the other Partner State for injury (including injury resulting in death) suffered by its service personnel, servants and gents or for damage to or loss of property owned by the Partner State if such injury, death, damage or losses is caused by the acts or omissions of the other Partner State or any officer, serviceman, servicewoman, servant or agent of that Partner State whilst in the performance of official duties in connection with the Protocol.11.(a)The Host Partner State will deal with and settle in accordance with its law, all third-party claims arising out of activities involving members of Visiting Armed Forces except those of a contractual nature.(b)Where any such claim arises due to an act or omission of the Visiting Armed Forces or any of its personnel which results in injury, death, loss or damage done in performance of official duties related to this Agreement, the Host Partner State will subsequently charge 50% of the cost of the settlement to the Visiting Armed Forces. For the purposes of this clause "cost shall include all sums of money incurred by the Host State in settling the claim.12.With regard to claims arising out of tortious acts or omissions occasioned outside the course of official duties in connection with this Agreement, the host Partner State will consider the claim in a fair and just manner taking into account all the circumstances of the case the laws and practice prevailing in its territory and will submit a report to the Visiting Armed Forces Partner States for consideration and payment of compensation. If the offer of such compensation in full satisfaction of the claim is made and accepted, the Partner State of the visiting Armed Forces will, through the host Partner State, make the payment.Nothing in this clause will affect the jurisdiction of the courts of any of the Partner States to entertain claims against Governments, their service personnel, servants or agents for both contractual and tortuous claims unless there has been payment in full satisfaction of the claim.Taxation
13.Members of the visiting Armed Forces will be exempted from income tax and any other form of direction levied under the laws of the host Partner State on their pay, allowances and other emoluments and benefits paid to them as such members. Remittances of such official and personal funds between a host and any Visiting Armed Forces of a Partner State will be freely permitted.Imports and export
14.Each Partner State will allow Armed Forces personnel on visits exceeding three months to import into the host Partner States free of duty their personal equipment and material as well as household effects and any furniture and one private motor vehicle for their personal use. Such goods imported free of duty may be re-exported freely and without payment of duty. Any disposal of these goods in the host Partner State by sale or otherwise will be subjected to the payment of duty in accordance with the law applicable.Driving licenses
15.The Partner State will accept as valid current driving license international driving license or service driving permits issued by each respective Partner State to members of its Armed Forces.Health facilities
16.The visiting armed forces’ Partner State will be responsible for the cost of medical, optical, dental and hospital treatment for members of its Visiting Armed Forces and for arranging evacuation in the event that suitable medical treatment is not available. The host Partner State will, however, provide treatment for minor complaints at military medical reception centers free of charge.Dispute settlement
17.(a)Any dispute regarding the interpretation or application of this Agreement will be resolved through consultation among the Partner States.(b)If the Partner States concerned do not reach agreement as provided for in paragraph I, either Partner State or the Secretary General may refer such dispute to the East African Court of Justice in accordance with articles 28 and 29 of the Treaty.(c)The decision of East African Court of Justice or any dispute referred to il shall be final.Amendment
18.The Partner States may at any time review and amend any of the provision of this Agreement upon the request of any of them.19.Any amendment of this agreement under the provisions of the preceding subparagraph will take effect upon the signature of an addendum to this Agreement incorporating such amendment.