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ICF Announces Project to Harmonise Commercial Laws in the East African Community

20th August 2009

Burundi, Kenya, Rwanda, Tanzania and Uganda to benefit from improved access to financial services

The Investment Climate Facility for Africa (ICF) has today announced a project in partnership with the member states of the East African Community (EAC) to harmonise commercial laws within the region. By establishing a synchronised legal framework for all EAC partner states, the private sector will benefit from improved access to financial services. This will increase cross-border investments and bring the EAC another step closer to total economic integration.

The project is in partnership with the East African Community Secretariat (EACS) and will be implemented in two phases over a period of 12 to 15 months with the end goal of establishing a common legal system across Burundi, Kenya, Rwanda, Tanzania and Uganda. The project will focus on harmonising key commercial laws in the region, prioritising those that support the implementation of the Customs Union, the establishment of a Common Market, and a common investment regime.

The project will build on the EAC’s continued efforts to improve the region’s investment climate by transforming the relationship between member states from one of mere co-operation to fully fledged integration. Success achieved to date includes the establishment of the Customs Union, which is expected to reach its threshold as a fully functional duty free region by January 2010.

The Secretary General of the EAC, Ambassador Juma Mwapachu said, "This project is yet another milestone in the EAC's integration process. It will create a harmonised legal regime in commercial laws supportive of the single market, in the offing, and generally leverage inflow of investments, regional and global".

The project’s first phase will comprise a review of all commercial laws currently operational in the EAC and the prioritisation of those to be harmonised. The second phase will entail the drafting of three legislations to be implemented by the East Africa Legislative Assembly (EALA) and the Parliaments of EAC member states.

ICF CEO, Mr Omari Issa said: “With a population of 125 million, and a current GDP of US$55 billion, the East African Community is abound with investment potential. We are delighted to be building on our existing relationship with the Governments of the EAC to establish regional commercial laws, which will encourage cross-border trade and stimulate both domestic and international investment in the region.”

The new project will focus on creating a common structure amongst the EAC member states, and will focus on the following nine areas of commercial law:
­ – Banking laws
­ – Business transaction laws
­ – Finance and fiscal legislation
­ – Insurance and re-insurance legislation
­ – Investments
­ – Procurement and disposal of assets legislation
­ – Monetary legislation
­ – Standardisation, quality assurance and metrology legislations
­ – Trading law

ICF is also working on two additional projects in partnership with the EAC. The first project - Business Action for Improving Customs Administration in Africa (BAFICAA) - created a productive dialogue between business, EAC and customs authorities in East Africa, resulting in recommendations for customs improvements driven by real business needs. ICF is also providing support to the EAC to develop a policy against counterfeiting and piracy and recommendations on appropriate legislation to counteract the problem. ICF has completed scoping work in all five member countries to determine the extent of the problem and the demand from business and governments for new policies.

ICF is the only pan-African body, based in Africa, explicitly and exclusively focused on improving the continent's investment climate. It works with receptive African governments to systematically remove constraints to investment in order to make the continent an even better place to do business. ICF is currently active in Burkina Faso, Cape Verde, Lesotho, Liberia, Mali, Rwanda, Senegal, Sierra Leone, Tanzania and Zambia, and has a number of pan-African projects and initiatives.

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  • q
    The Investment Climate Facility for Africa is a unique public-private partnership between government and business that aims to help Africa create a more attractive business environment and realise its potential as a global player and trading partner. ICF works to remove real and perceived obstacles to domestic and foreign investment by assisting Africans to prepare and promote the continent as an investment destination. ICF has the support of Africa institutions, international development partners and private sector companies.
  • w
    ICF is supported by a range of corporate investors and development partners, as well as African governments, who have all proved receptive to ICF's vision of an improved investment climate for Africa. African Governments working in partnership with ICF include: Burkina Faso, Cape Verde, Ethiopia, Lesotho, Liberia, Mali, Mauritius, Mozambique, Rwanda, Senegal, Sierra Leone, Tanzania, Togo and Zambia, as well as the East African Community and OHADA. ICF’s Corporate Partners include: Anglo American, Coca-Cola, SAB Miller, Sasol, Standard Bank and Unilever. Development partners include: Germany, Ireland, The Netherlands, South Africa, United Kingdom, Africa Development Bank and the International Finance Corporation.

For more information or to request an interview with an ICF spokesperson, please contact:

Emilienne Macauley, Tel : +255 22 212 9211 emacauley@icfafrica.org
Neema Mosha, Tel : +255 22 212 9211 nmosha@icfafrica.org

ICF Project Activity

Cape Verde Comoros (via OHADA) Mauritius Tunisia Chad (via OHADA) Ethiopia Tanzania Kenya (via EAC) Uganda (via EAC) Niger (via OHADA) Nigeria Mali Burundi (via EAC) Rwanda Côte d'Ivoire (via OHADA) Guinea (via OHADA) Senegal Liberia Guinea-Bissau (via OHADA) Sierra Leone Republic of the Congo (via OHADA) Cameroon (via OHADA) Central African Republic (via OHADA) Gabon (via OHADA) Equatorial Guinea (via OHADA) Zambia Burkina Faso Benin Togo Mozambique Lesotho

Nigeria - Lagos Court of Appeal (Alternative Dispute Resolution)

Lagos Court of Appeal (Alternative Dispute Resolution)
Detailed information

Tunisia Stock Market

Reinforcement of professional training and investor education capacities of the Tunis Stock Market
Detailed information

Invitation for Expression of Interest for the supply & implementation of an eRegistry System

Invitation for Expression of Interest for the supply & implementation of an eRegistry System.

Modernisation of the Judiciary - Zambia

ICF supported the government of Zambia to digitalise the Judiciary.

Detailed information