AGREEMENT ESTABLISHING THE SMART AFRICA ALLIANCE, SIGNED IN KIGALI, RWANDA, ON 10 NOVEMBER 2021

Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification Amasezerano ashyiraho Smart Africa Alliance, yashyiriweho umukono i Kigali mu Rwanda, ku wa 10 Ugushyingo 2021, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. The Agreement establishing the Smart Africa Alliance, signed in Kigali, Rwanda, on 10 November 2021, annexed to this Order, is ratified and becomes fully effective. L’Accord établissant l’Alliance Smart Africa, signé à Kigali, au Rwanda, le 10 novembre 2021, annexé au présent arrêté, est ratifié et sort son plein et entier effet. Article I: ARTICLE I: DEFINITIONS In this Agreement, the following definitions shall apply: 1. Agreement: A binding arrangement amongst the parties that supports the Smart Africa Manifesto and establishes the principles and procedures under which the Smart Africa Alliance is governed. 2. Chairperson: A person designated, elected or co-opted to lead meetings and execute any other duties assigned to him/her. 3. Co-Chair: A person designated, elected or co-opted to lead meetings and execute any other duties assigned to him/her along with another co-chair. 4. Director General: The Director General of the Secretariat of the Smart Africa Alliance. 5. Expert: A person who is highly knowledgeable about or skillful in a particular subject matter. 6. Flagship project: A project selected voluntarily by a Member State for coordination, promotion, implementation and adoption by other Member States of the Smart Africa Alliance. 7. Host Country Agreement: A signed agreement between Smart Africa Alliance and the Government of a Smart Africa Member State for the hosting of the Secretariat of the Smart Africa Alliance. 8. Member: Any African country, international, regional or sub-regional, private sector actor, academia or research institutions and any other organization adhering to the present Agreement. 9. Member States: African countries that have adhered to or ratified this Agreement Establishing the Smart Africa Alliance. 10. Observer: A natural or legal person who is invited to a meeting or in a proceeding of the Smart Africa Alliance, but who can never take part in decision-making. 11. Partnership: A grouping of member states, international, regional or sub-regional institutions, private sector actors, academic or research institutions and any other organization pursuing a similar objective in relation to the Smart Africa Manifesto. 12. Private Sector Membership Categories: The different categories of private sector members are classified according to their annual membership fees as “Platinum”, “Gold”, “Silver”, “SMEs” and “Start-ups”. 13. Ratification: Approval by a Member State and coming into force of the Agreement of the Smart Africa Alliance. 14. Regulatory Authority or Agency: Information and Communications Technologies (ICT) regulatory body in Member States. - 4 - Official Gazette n° Special of 25/04/202343 15. Resolutions: Formal expressions of decisions adopted by the organs herein. 16. Secretariat: Secretariat of the Smart Africa Alliance. 17. Smart Africa Alliance: A partnership bringing together African countries adhering to the Smart Africa Manifesto, the African Union (AU) [the African Union Commission, the African Union Development Agency (AUDA), Specialized Institutions and Regional Economic Communities], the Economic Commission for Africa (ECA), the African Development Bank (AfDB), the World Bank, the International Telecommunications Union (ITU), Regional and International Organisations, the Private Sector, Academic and Research Institutions. 18. Smart Africa Initiative: a bold and innovative commitment from African Heads of State and Governments to accelerate sustainable socio-economic development on the continent, ushering Africa into a knowledge economy through affordable access to Broadband and usage of Information and Communications Technologies (ICT). 19. Smart Africa Manifesto: A declaration adopted by the Heads of State and Governments at the Transform Africa Summit held from 28th to 31st October 2013 in Kigali-Rwanda in which they committed to provide leadership in accelerating socio-economic development through Information and Communications Technologies (ICT). 20. Smart Country Programs: refers to one or multiple flagship projects managed by a Member State. - 5 - Official Gazette n° Special of 25/04/202344

Ingingo ya 2: Abayobozi bashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2 : Autorités chargées de l’exécution du présent arrêté Minisitiri w’Intebe, Minisitiri w’Ububanyi n’Amahanga n’Ubutwererane, Minisitiri Itangazabumenyi w’Ikoranabuhanga mu n’Itumanaho no Guhanga Ibishya na n’Igenamigambi Minisitiri bashinzwe gushyira mu bikorwa iri teka. w’Imari The Prime Minister, the Minister of Foreign Affairs and International Cooperation, the Minister of Information and Communication Technologies and Innovation and the Minister of Finance and Economic Planning are entrusted with the implementation of this Order. Le Premier Ministre, le Ministre des Affaires Étrangères et de la Coopération Internationale, le Ministre des Technologies de l’Information et de la Communication et de l’Innovation et le Ministre des Finances et de la Planification Économique sont chargés de l’exécution du présent arrêté. Article II: ARTICLE II: ESTABLISHMENT 1. The “Smart Africa Alliance” is established as a multilateral organization with legal personality. The Smart Africa Alliance is a partnership among African countries adhering to the Smart Africa Manifesto (herein after referred to as “the Manifesto”), the African Union (AU Commission, AUDA, specialized institutions and Regional Economic Communities), the Economic Commission for Africa (ECA), the African Development Bank (AfDB), the World Bank, the International Telecommunications Union (ITU), the Private Sector, Academic and Research Institutions. The Head office of the Smart Africa Alliance (herein after referred to as “the Organization”) shall be situated in Kigali. It may be relocated to any other Member State if necessary by decision of Member States. 2. The Organization shall be governed by the provisions of this Agreement.

Ingingo ya 3: Ingingo y’ururimi Article 3: Language provision Article 3 : Disposition linguistique Iri teka rw’Icyongereza. ryateguwe mu rurimi This Order was drafted in English. Le présent arrêté a été rédigé en anglais. Official Gazette n° Special of 25/04/202335 Article III: ARTICLE III : PURPOSE AND FUNCTIONS 1. The Smart Africa Alliance as an organisation shall be the framework for implementation, monitoring and evaluation of the Manifesto, designed to make it actionable. The Smart Africa Alliance is not a profit-oriented organisation. 2. To realize this purpose, the organization will: (a) Support the implementation of the Smart Africa Initiative The organization will develop continent-wide goals and milestones as well as best practices to guide the implementation of the Smart Africa Initiative. In light of the above, each adhering country will develop and implement Smart country programs with clear targets and milestones. These will need to be strongly aligned to the Smart Africa Alliance principles. The Alliance will provide technical support to countries in the development and implementation of the Smart country programs. The organization will also reasonably assist governments to the extent possible to mobilize funding from development partners and the Private Sector in order to implement their Smart country programs. (b) Monitor and Evaluate the implementation of the Smart Africa Initiative The organization will put in place a monitoring and evaluation framework in the implementation of the Smart Africa Initiative. (c) Promote the Smart Africa Initiative The organization will provide a platform for constructive dialogue that promotes the Smart Africa Initiative and establishes a secure Digital Single Market in Africa where free movement of persons, services and capital is ensured and individuals and businesses can seamlessly access and engage in activities in line with Africa’s Continental Free Trade Area (AfCFTA), the Digital Transformation Strategy for Africa and the Smart Africa Manifesto in harmony with other institutions in Africa in particular with the African Union. 3. With a view to preserving the independence, integrity and sovereignty of the Member States, the organization is prohibited from interfering in matters which are essentially within the domestic jurisdiction of Member States. - 6 - Official Gazette n° Special of 25/04/202345

Ingingo ya 4: Gutangira gukurikizwa Article 4: Entry into force Article 4 : Entrée en vigueur Iri teka ritangira gukurikizwa ku munsi ritangarijweho mu Igazeti ya Leta ya Repubulika y’u Rwanda. This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda. Le présent arrêté entre en vigueur le jour de sa publication au Journal Officiel de la République du Rwanda. Official Gazette n° Special of 25/04/202336 Kigali, 25/04/2023 (sé) KAGAME Paul Perezida wa Repubulika President of the Republic Président de la République (sé) Dr NGIRENTE Edouard Minisitiri w’Intebe Prime Minister Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika: Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) Dr UGIRASHEBUJA Emmanuel Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta Minister of Justice and Attorney General Ministre de la Justice et Garde des Sceaux Official Gazette n° Special of 25/04/202337 W’ITEKA RYA UMUGEREKA PEREZIDA Nº 023/01 RYO KU WA 25/04/2023 BURUNDU RYEMEZA AMASEZERANO ASHYIRAHO SMART AFRICA ALLIANCE, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 10 UGUSHYINGO 2021 ANNEX TO PRESIDENTIAL ORDER Nº 023/01 OF 25/04/2023 RATIFYING THE AGREEMENT ESTABLISHING THE SMART AFRICA ALLIANCE, SIGNED IN KIGALI, RWANDA, ON 10 NOVEMBER 2021 ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL Nº 023/01 DU 25/04/2023 RATIFIANT L’ACCORD ÉTABLISSANT L’ALLIANCE SMART AFRICA, SIGNÉ À KIGALI, AU RWANDA, LE 10 NOVEMBRE 2021 Official Gazette n° Special of 25/04/202338 AMASEZERANO ASHYIRAHO SMART AFRICA ALLIANCE, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 10 UGUSHYINGO 2021 AGREEMENT ESTABLISHING THE SMART AFRICA ALLIANCE, SIGNED IN KIGALI, RWANDA, ON 10 NOVEMBER 2021 ACCORD ÉTABLISSANT L’ALLIANCE SMART AFRICA, SIGNÉ À KIGALI, AU RWANDA, LE 10 NOVEMBRE 2021 Official Gazette n° Special of 25/04/202339 AGREEMENT ESTABLISHING THE SMART AFRICA ALLIANCE Date : November 10, 2021 Official Gazette n° Special of 25/04/202340 TABLE OF CONTENTS Preamble Article IV: ARTICLE IV: LEGAL CAPACITY, PRIVILEGES AND IMMUNITIES 1. The Smart Africa Alliance is a multilateral organization with the legal personality and the privileges that have been granted to it under this Agreement. Its activities are carried out through the Secretariat. Member States are encouraged to take necessary measures to support the Secretariat in the exercise of its functions. 2. The Governments of the Member States undertake to exempt the Secretariat from direct and indirect taxes according to the respective Host Country Agreements. 3. The host country shall grant to the Secretariat the privileges and immunities accorded to international bodies with an intergovernmental character, similar to those provided for in the Convention on the Privileges and Immunities of the Specialized Agencies adopted by the General Assembly of the United Nations on 21 November 1947, as well as all other advantages granted by national legislation to international bodies, all in accordance with the terms of the host country agreement. 4. The Member States may provide a diplomatic passport to their citizens that are employed by the Secretariat in accordance with the national laws and regulations of the respective Member States.

Article V: ARTICLE V : MEMBERSHIP 1. The organization is a partnership bringing together all African countries, the private sector, academic institutions and other organizations adhering to the present Agreement. 2. Every member of the organization shall be subject to the terms and conditions under their respective categories. The categories are as set out below: (a) Permanent Members i. The following organisations are permanent members : • African Union (AU) ; • International Telecommunication Union (ITU). ii. Permanent Members may be exempted from financial contribution subject to consideration and approval. Where applicable, exchange of benefits should also be considered. (b) Member States i. This Agreement is open to all African countries wishing to adhere to the Agreement establishing the Smart Africa Alliance. ii. African countries become members by acceding to this Agreement. iii. The annual membership fees are determined by the Board and payable on annual basis. iv. The annual membership fees shall be paid by any designated governmental entity identified by Member States. v. In case of renunciation of membership, it takes effect at the end of twelve (12) months from the date when notification of renunciation is received by the Secretariat. - 7 - Official Gazette n° Special of 25/04/202346 (c) Private Sector i. There are five (5) Private Sector Membership Categories: • Platinum ; • Gold ; • Silver ; • Small and Medium-sized Enterprises (SMEs) ; • Start-ups. ii. Any private sector applicant is required to fill the application form addressed to the Director General. iii. The Secretariat reserves the right to approve or reject the application for membership. iv. The benefits of each category of membership are determined by the Board. v. The category of membership is voluntarily selected. vi. Members join for a minimum period of two (2) consecutive years commencing on the date of the approval. vii. The Membership becomes effective upon the date of approval by the Secretariat. viii. The amount of annual membership fees is determined by the board and is paid on an annual basis. ix. Any member who fails to pay their annual membership fees is suspended from the Organization. x. Members wishing to downgrade to a lower level must have completed two (2) years in the existing category. xi. Members joining the Organization in mid-year will pay annual membership fees pro-rata of the remaining months from the date of admission. xii. Membership benefits are activated upon receipt of payment of membership dues. xiii. After the first two (2) years, membership will be extended automatically for successive twelve (12) months unless the Secretariat receives a non-renewal notice at least thirty (30) days before the end of the term. xiv. The renunciation of membership will take effect at the end of the calendar year when the non- renewal notice is received by the Secretariat. (d) Academic and/or Research institution i. Any academic and/or research institution applicant is required to complete the application form addressed to the Director General. ii. The Secretariat reserves the right to approve or reject the application for membership. iii. The Membership becomes effective upon the date of approval by the Secretariat. iv. Academic and/or research institutions may be exempted from financial contribution subject to consideration and approval. Where applicable, exchange of benefits should also be considered. v. Any request for exemption should be submitted to the Director General together with their signed letter. Such Exemption is subject to Board approval. - 8 - Official Gazette n° Special of 25/04/202347 vi. In case of renunciation of membership, it takes effect at the end of twelve (12) months from the date when notification of such renunciation is received by the Secretariat. (e) Non-Profit ICT related organizations at the international and regional level i. Non-Profit ICT related organizations at the international and regional level may be exempted from financial contribution subject to consideration and approval. Where applicable, exchange of benefits should also be considered. ii. Any Request for exemption should be submitted to the Director General together with their signed letter. Such exemption is subject to Board approval.

Article VI: Definitions Establishment Purpose and functions Legal Capacity, privileges and immunities Membership Organs ARTICLE VI : ORGANS The organization is composed of the following organs: i. Three (3) main organs: • The Board; • The Steering Committee; • The Secretariat. ii. Four (4) consultative organs: • The Council of Ministers; • The Council of African Regulators; • The Council of African Information and Technology Agencies; • The Forum of the Private Sector. 1. The Board The Board is the supreme organ of the Organization. (a) Composition The Board is composed of: • Heads of State and Governments of the Smart Africa Alliance member states; • The Secretary General of International Telecommunication Union (ITU); • The Commissioner in charge of ICT matters at the African Union (AU) and • One appointed representative of each private sector company of the Platinum category. (b) Mandate i. The Board shall provide policy and strategic leadership, high-level advocacy and promote the Smart Africa Initiative. ii. The Board shall take decisions on programs and projects submitted to it by the Steering Committee. iii. The Board shall receive and consider the reports sent by the Steering Committee on strategic actions or, if it so decides, analytical summaries of these reports. iv. The Board shall appoint the Director General and determines his/her remuneration and benefits. v. The Director General shall be a national of a Smart Africa Member State. - 9 - Official Gazette n° Special of 25/04/202348 vi. The Board shall approve the annual action plan and the budget of the Secretariat. (c) Voting i. The voting process shall be in accordance with the provisions defined in applicable procedure document. ii. Only Member States represented in the Board can vote. Each Member State shall have one vote in the Board. Decisions shall be made by a simple majority according to Article V.2. A majority shall be a majority of the Members present and voting. iii. In the event of a tie, the Chairperson shall have a casting vote. iv. In the absence of a Board Member, the Board member shall designate, through an official letter addressed to the Secretariat, a representative with full powers and voting authority. v. Member States shall retain their national sovereignty in the applicability of decisions voted by the Board. vi. The Board shall elect a Chairperson amongst Heads of State of Member States in accordance with the provisions encapsulated in applicable procedure document. vii. The Chairperson shall be elected for a term of three (3) years, renewable by the Board. viii. The Board shall elect two co-Chairs for the Steering Committee for a period of three (3) years renewable. (d) Observers/Experts The Chairperson by his or her own initiative, or on the recommendation of the Secretariat, may invite observers or/and experts to Board meetings, when required. 2. The Steering Committee (a) Composition i. The Steering Committee shall be composed of: • The Secretary General of ITU; • The Commissioner in charge of ICT matters at the African Union (AU); • The ICT Ministers of the Smart Africa Alliance member states; and • One appointed representative of each Platinum and Gold members. ii. In the absence of a Steering Committee member, the member may designate, through an official letter addressed to the Secretariat, a representative with full powers including voting rights. iii. Bearing in mind the importance of continuity, an outgoing member (or an appointed representative) shall ensure proper transfer of information and knowledge to the incoming Steering Committee member (or the current member). (b) Mandate i. The Steering Committee shall prepare the agenda for Board meetings. ii. The Steering Committee shall examine the annual action plan and corresponding budget estimates submitted by the Secretariat and shall submit them with recommendations to the Board. - 10 - Official Gazette n° Special of 25/04/202349 iii. The Steering Committee shall examine the annual action plan execution reports, flagship projects’ reports and studies submitted by the Director General and shall submit them with recommendations to the Board. iv. The Steering Committee shall recommend new flagship projects to the Board. v. The Steering Committee shall set up finance and audit, governance, technical and special committees and such other subsidiary committtees as may be necessary for its purposes. (c) Voting i. The voting process shall be in accordance with the provisions defined in applicable procedure document. ii. Each Member State and each Platinum Member shall have one vote in the Steering Committee. Decisions shall be made by a simple majority according to Article V.2. A majority shall be a majority of the Members present and voting. iii. In the event of a tie, one of the co-chairs shall have a casting vote. This vote will be chosen by alternating the names of the Co-Chairs in alphabetical order. iv. In the absence of a Steering Committee Member, the Steering Committee member shall designate, through an official letter, a representative with full powers and voting authority. v. Member States retain their national sovereignty in the applicability of decisions voted by the Steering Committee. (d) Observers/Experts The Co-chairs, on the recommendation of the Secretariat, may invite observers or/and experts to Steering Committee meetings, when required. 3. The Secretariat i. The Secretariat shall consist of a Director General and all the staff. ii. The Director General shall be appointed by the Board for a period of five (5) years, renewable once by the Board. iii. The Director General shall be the Chief Executive Officer (CEO) of the Secretariat. iv. The Director General, or a deputy designated by him, shall participate, without the right to vote, in all meetings of the Board, of the Steering Committee and of the other organs of the organization. He/she shall formulate proposals for appropriate action by the Board and the Steering Committee, and shall prepare for submission to the Board a draft programme of work for the organization with corresponding budget estimates. v. The Director General shall prepare and communicate to the Board and Steering Committee periodical reports on the activities of the organization. The Board shall determine the periods to be covered by these reports. vi. The Director General shall appoint the staff of the Secretariat in accordance with staff regulations to be approved by the Board. Subject to the paramount consideration of securing the highest standards of integrity, efficiency and technical competence, appointment of staff shall be on a wide geographical basis within Africa. - 11 - Official Gazette n° Special of 25/04/202350 vii. The responsibilities of the Director General and staff shall be exclusively international in character. In the discharge of their duties they shall not seek or receive instructions from any government or from any authority external to the organization. They shall refrain from any action which might prejudice their positions as international officials. Each Member State undertakes to respect the international character of the responsibilities of the Director General and staff, and not to seek to influence them in the discharge of their duties. viii. Nothing in this Article shall preclude the organization from entering into partnership with non- member Organizations. ix. The Secretariat shall carry out, but not limited, to the following activities: • Manage Communications for the organization, • Plan, implement and conduct monitoring and evaluation of programs and flagship projects, • Mobilize and manage resources, including funding, for the organization; • Support Member States to develop Smart Africa Programs; • Strengthen regulatory environment ; • Forge PPPs (Public, Private, Partnerships); • Promote Investment to attract the private sector; • Organize events, conferences and workshops. 4. The Council of Ministers (a) Composition The Council of Ministers shall be composed of the Ministers in charge of ICT of the Member States. (b) Mandate i. The Council of Ministers shall be the only competent organ to take decisions regarding sovereignty matters concerning Member states. ii. The Council of Ministers shall analyze, review and submit to the Secretariat recommendations related to legal matters, policies and regulations for consideration by the Steering Committee. (c) Voting i. Each Member State shall have one vote in the Council of Ministers. Decisions shall be made by a simple majority according to Article V.2. A majority shall be a majority of the Members present and voting. ii. In the event of a tie, the Chairperson shall have a casting vote. iii. In the absence of a member, he shall designate, through an official letter addressed to the Secretariat, a representative with full powers and voting authority. iv. Member States retain their national sovereignty in the applicability of decisions voted by the Council of Ministers. v. The Council of Ministers shall elect a Chairperson from amongst Member States in accordance with the provisions defined in applicable procedure document. vi. The Chairperson is elected for a term of two (2) years. - 12 - Official Gazette n° Special of 25/04/202351 (d) Observers/Experts The Chairperson by his or her own initiative, or on the recommendation of the Secretariat, may invite observers or/and experts to Council of Ministers meetings, when required. 5. The Council of African Regulators (CAR) (a) Composition i. The Council of African Regulators (CAR) is composed of National Telecommunications Regulatory Authorities (or Agencies) of Africa; ii. In the absence of a member, he or she shall appoint one senior representative by an official letter addressed to the Secretariat. The designated representative of a member of the CAR shall act in the absence of its representative in all his functions including the voting rights. iii. Bearing in mind the importance of continuity, an outgoing member (or an appointed representative) shall ensure proper transfer of information and knowledge to the incoming CAR member (or the current member). (b) Mandate i. The CAR shall develop and recommend to the Council of Ministers harmonized policies, regulations and legal instruments required for the implementation of the Smart Africa initiative. ii. The CAR shall monitor and enforce policies, regulations and legal instruments approved by the Council of Ministers. iii. The CAR shall analyze, review and submit to the Secretariat recommendations related to ICT regulatory matters. iv. The CAR shall support the Secretariat with the implementation of the Smart Africa Initiative and flagship projects. (c) Voting i. The CAR shall elect a Chairperson from amongst Member States in accordance with the provisions defined in applicable procedure document. ii. The Chairperson is elected for a term of two (2) years. (d) Observers/ Experts The Chairperson on his or her own initiative, or on the recommendation of the Secretariat, may invite observers/ experts to CAR meetings, when required. 6. The Council of African Information and Technology Agencies (CAITA) (a) Composition i. The Council of African Information and Technology Agencies (CAITA) is composed of the National Information and Technology Agencies of the Member States; ii. In the absence of a member of the CAITA, he or she shall appoint one senior representative by an official letter addressed to the Secretariat. The designated representative of a Member of the CAITA shall act in the absence of the principal in all his functions including voting rights. - 13 - Official Gazette n° Special of 25/04/202352 iii. Bearing in mind the importance of continuity, an outgoing member (or an appointed representative) shall ensure proper transfer of information and knowledge to the incoming CAITA member (or the current member). (b) Mandate i. The CAITA shall analyze, review and submit to the Secretariat recommendations related to IT matters. ii. The CAITA shall develop and recommend to the Council of Ministers harmonized norms and standards required for the implementation of the Smart Africa Initiatives. iii. The CAITA shall support the Secretariat with the implementation of the Smart Africa Initiative and flagship projects. (c) Voting i. The CAITA shall elect a Chairperson from amongst Member States in accordance with the provisions encapsulated in applicable procedure document. ii. The Chairperson is elected for a term of two (2) years. (d) Observers/ Experts The Chairperson on his or her own initiative, or on the recommendation of the Secretariat, may invite experts to CAR meetings, when required. 7. The Forum of the Private Sector (a) Composition The Forum of the Private Sector is composed of the Platinum, Gold, Silver, Small and Medium-sized Enterprises (SMEs), Start-ups members including members of the Academia and any other category of the private sector as may be determined from time to time. (b) Mandate i. The Forum of the Private Sector shall discuss any matter related to the implementation of the Smart Africa Alliance Initiatives which affect the private sector. ii. The Forum of the Private Sector shall support the Secretariat with the implementation of the Smart Africa Initiative and flagship projects. iii. The Forum of the Private Sector shall support the Secretariat with mobilizing resources including funding, technical support, studies, research and the development of Smart Africa Initiatives and flagship projects. (c) Voting i. The Forum shall elect a Chairperson from the members in accordance with the provisions to be defined in applicable procedure document. ii. The Chairperson is elected for a term of two (2) years renewable once. - 14 - Official Gazette n° Special of 25/04/202353

Article VII: Commitment of members ARTICLE VII : COMMITMENT OF MEMBERS 1. Members undertake as a matter of priority, to respect and implement the decisions of the Board in good faith. 2. They also commit themselves : • to contribute to the financing of the organization in accordance with the Membership category and benefits document; • to accord and respect immunities and privileges in accordance with the provisions of this Agreement.

Article VIII: Relations with non-member States ARTICLE VIII : RELATIONS WITH NON-MEMBER STATES 1. Any African country not party to this Agreement may request to participate in the activities of the organization. 2. The non-member State of the organization shall submit a request to the Chairperson of the Board, who shall forward it, together with his opinion, to the Board for decision.

Article X: ARTICLE X : AMENDMENTS 1. The Board or any Member State may request for the amendment of this Agreement once every two (2) years. 2. Proposals for such amendments shall become effective upon receiving the approval of Member States by a two-thirds majority in the Board. The draft texts of the proposed amendments shall be communicated by the Director General to Member States at least six (6) months in advance for their consideration. 3. The Member States shall have the power to adopt by a two-thirds majority the Rules of Procedure for carrying out the provisions of this Article.

Article XI: Relations with Cooperation Agencies, African and International Organizations Amendments Settlement of Dispute ARTICLE XI : RELATIONS WITH COOPERATION AGENCIES, AFRICAN AND INTERNATIONAL ORGANIZATIONS 1. International organizations shall participate in the work of the Steering Committee without any voting rights. They may participate in the Board only at the invitation of the Chairperson of the Board. 2. The Secretariat may negotiate and sign technical and other cooperation agreements with any African or international agency or organization. 3. The Agreement provides the organization with a legal framework to engage and collaborate with any other organizations in order to achieve the objectives of the Smart Africa Alliance. ARTICLE XI : SETTLEMENT OF DISPUTE 1. Any dispute concerning the interpretation or application of this Agreement or its derived texts shall be settled by negotiation. If the negotiation fails, the Chairperson of the Board shall set up a mediation committee composed as follows: • A mediator appointed by each of the parties; • A presiding mediator appointed by mutual agreement of all parties. - 15 - Official Gazette n° Special of 25/04/202354 2. In the absence of a mutual agreement on the choice of the presiding mediator, the latter shall be appointed by the Chairperson of the Board. 3. If the mediation fails, the Board shall take the dispute before the Member States which shall make a final decision by a two-thirds majority. The parties to the dispute shall have no voting rights in the settlement proceedings.

Article XII : Limitations on Benefits ARTICLE XII : LIMITATIONS ON BENEFITS 1. The Board may impose one of the following limitations on its Members : • Formal notice ; • • Limitation on voting rights ; Limitation on funding.

Article XIII : Interpretation ARTICLE XIII : INTERPRETATION AND WORKING LANGUAGES 1. The working languages of the organisation shall be those of the African Union and shall be regarded as equally authoritative. 2. Any question of dispute concerning the interpretation of this Agreement should be resolved according to Article (XI).

Article XIV: Ratification, entry into force and withdrawal ARTICLE XIV: RATIFICATION, ENTRY INTO FORCE AND WITHDRAWAL 1. This Agreement shall be approved by Member States in compliance with domestic laws. 2. The original instrument of ratification and/or adoption shall be deposited with the Secretariat for their attention and onward transmission of the certified true copies of these documents to all signatory members. 3. This Agreement shall enter into force immediately upon its ratification and/or adoption by at least five (5) Member States. 4. The instruments of ratification and/or adoption shall be deposited with the hosting member state, which shall be the Depositary Government. Copies shall be delivered to the Secretariat by letter. 5. All Alliance Members will be governed by the Agreement. 6. Any Member may notify its withdrawal from the organization at any time. Such notification shall take effect one year after the day on which it reaches the Chairperson of the Board. 7. The withdrawing Member waives its rights over the organization's property and remains liable for any arrears and its share of contributions for the year in which the renunciation was notified. 8. Any private sector, organization or academia Member which is in arrears in its payment for a period of one (1) year to the organization shall lose its privileges to participate in the activities of the organization. 9. Member States with accumulated annual membership contribution arrears for two (2) consecutive years will be deprived from their voting rights. 10. The Board shall specify the details of the suspension. - 16 - Official Gazette n° Special of 25/04/202355

Article XV : Transitional arrangements Annex : Smart Africa Manifesto - 2 - Official Gazette n° Special of 25/04/202341 The members of the Smart Africa Alliance, parties to the following Agreement: PREAMBLE MINDFUL of the “Smart Africa Manifesto" adopted by the Heads of State and Government at the Transform Africa Summit held from 28th to 31st October 2013 in Kigali, Rwanda. MINDFUL of item 8 of the Decisions of the Report of the Steering Committee of Heads of State and Government as well as the African Union Development Agency (AUDA); approved by the African Union Conference at its twenty-second session on 30th -31st January 2014, in Addis Ababa, Ethiopia, endorsing the “Smart Africa Manifesto”; MINDFUL of the resolutions of the International Telecommunications Union (ITU); particularly Resolution 195 (Busan, 2014) of the Plenipotentiary Conference on implementation of the Smart Africa Manifesto, and Resolution 86 (Hammamet 2016) on facilitating the implementation of the Smart Africa Manifesto; CONSIDERING that the Smart Africa Alliance is a partnership between African countries adhering to the Manifesto, the African Union (AU Commission, AUDA, Specialized Institutions and Regional Economic Communities), the Economic Commission for Africa (ECA), the African Development Bank (AfDB), the World Bank, the International Telecommunications Union (ITU), Regional and International Organizations, the Private Sector, Academic and Research Institutions; CONSIDERING that the present Agreement has been written in a way that will facilitate the approval process by Member States, taking into account the diversity and complexity of their respective governance structures. PURSUANT to the principles set out in the "Smart Africa Manifesto” attached to Annex I ; AGREE ON THE FOLLOWING: - 3 - Official Gazette n° Special of 25/04/202342 ARTICLE XV : TRANSITIONAL AND FINAL PROVISIONS 1. The present document was drafted in English and translated to other languages. 2. The various organs currently in place shall continue to exercise their functions until the expiration of their terms. 3. The current Member States shall remain members of the Smart Africa Alliance with all their rights and privileges for a transitional period of one (1) year, following the entry into force of the Agreement, for the purpose of enabling the Member States to adhere to or ratify this Agreement Establishing the Smart Africa Alliance and all matters relating thereto. 4. The current private sector, organization and academia Members shall remain members in compliance with this Agreement. - 17 - Official Gazette n° Special of 25/04/202356 ANNEX : SMART AFRICA MANIFESTO The Smart Africa Manifesto Endorsed by Heads of State and Government in Kigali on 29th October 2013 - 18 - Official Gazette n° Special of 25/04/202357 Preamble ............................................................................................................................ - 20 - The principles .................................................................................................................... - 21 - Principle 1: To put ICT at the centre of our national socio-economic development agenda - 21 - Principle 2: To improve access to ICT especially Broadband ....................................... - 21 - Principle 3: To improve accountability, efficiency and openness through ICT ........... - 21 - Principle 4: To put the Private Sector First ................................................................... - 21 - Principle 5: To leverage ICT to promote sustainable development .............................. - 22 - Implementation Framework: The Smart Africa Alliance ............................................ - 23 - Support implementation of the SMART Africa Initiative ............................................. - 23 - Monitor and Evaluate the implementation of the Smart Africa Initiative ................... - 23 - Promote the SMART Africa agenda .............................................................................. - 23 - - 19 - Official Gazette n° Special of 25/04/202358 Preamble Appreciating that Information and Communication Technologies continue to play a fundamental role in the socio-economic development of Africa; Mindful that Africa cannot afford to be excluded from participating in the opportunities that the knowledge economy brings; Keen to leverage on the progress registered in connectivity since the Connect Africa Summit and use technology to reduce poverty, enhance participation, improve service delivery and create prosperity for our people SMART Africa is a bold and innovative commitment to accelerate sustainable socio-economic development on the continent and usher Africa into the knowledge economy through affordable access to Broadband and usage of Information and Communications Technologies (ICT). We, the Heads of State and Governments here present, commit support the socio-economic transformation of Africa through smart implementation and application of Information and Communication Technologies We will provide leadership in the implementation of SMART country programs and hereby invite our development partners and private sector to join us in this endeavor. We, the Heads of State and Governments here present, commit to the following principles. - 20 - Official Gazette n° Special of 25/04/202359 The principles Principle 1: To put ICT at the centre of our national socio-economic development agenda As we prepare to implement the Post 2015 Agenda, we commit to integrating ICT in our development agendas to reduce poverty, create prosperity and increase productivity on the continent. We will facilitate innovation and the creation of content and applications that are context- appropriate, development-oriented and scalable to deliver social and economic benefits in Education, Healthcare, Business, Agriculture and other key sectors. We will develop capacity of our people to utilize ICTs and be fully empowered participants of the ICT-driven economy and society. Principle 2: To improve access to ICT especially Broadband We will build on the continent’s progress in connectivity especially in underserved areas to realize our goal for quality and affordable access for all. To achieve this, we will collaborate with the private sector and fellow African countries to continuously invest in the necessary infrastructure, including cross-border and regional networks. We will support these investments by continuously advancing and harmonizing our policy environments to ensure they are enablers, rather than constraints to universal access. Principle 3: To improve accountability, efficiency and openness through ICT We recognize the need for ICT adoption in the way we serve our citizens and will develop and implement national e-Government policies. We commit to integrating ICT in service delivery and will develop and encourage the usage of government-to-citizens, government-to-business and government-to-government services online to improve efficiency. We will promote, at a country level, Open Data initiatives to drive accountability, transparency and improve decision making while respecting country-specific confidentiality, privacy and national security considerations. Principle 4: To put the Private Sector First We recognize that economic transformation must be private sector driven and we will foster an enabling environment for private investments to drive job creation, productivity and competitiveness supported by technology and innovation. We will especially promote the use of ICT to increase access to markets and information for business. - 21 - Official Gazette n° Special of 25/04/202360 We will support efforts aimed to turn our continent from being largely a passive consumer, to a producer, of ICTs. We will increase the number of local innovation hubs with the requisite business development, financial and technological capabilities. Principle 5: To leverage ICT to promote sustainable development We will sustain gains made in socioeconomic development by leveraging ICTs to empower women and youth as well as social inclusion, particularly people with disabilities We also recognise that pressure on environmental resources poses a challenge to our development and will adopt ICT to address climate change, clean energy, e-waste, urbanisation, disaster management and other risks. Technology will also need to become more cost effective and protected in order to ensure sustainable achievements. We will therefore embrace suitable innovations in the fields of cyber security, cloud computing, mobility, shared infrastructure and, shared services. We, Heads of States and Government resolve to propose the SMART Africa Manifesto to our peers for adoption at the next African Union summit. - 22 - Official Gazette n° Special of 25/04/202361 Implementation Framework: The Smart Africa Alliance The SMART Africa Alliance is a framework for implementation, monitoring and evaluation of this Manifesto, designed to make it actionable. The Heads of States and Government will propose the SMART Africa Alliance for adoption at the next African Union summit. The Alliance will be a partnership between African countries adhering to the Manifesto, the African Union (AU Commission, NEPAD Agency, specialized institutions and Regional Economic Communities), the Economic Commission for Africa (ECA), the African Development Bank (AfDB), The World Bank, the International Telecommunications Union (ITU) and the Private Sector. The objective of this partnership is to promote the SMART Africa agenda through three key interventions: Support implementation of the SMART Africa Initiative The Alliance will develop continent-wide goals and milestones as well best practices to guide the implementation of SMART Africa. In light of the above, each adhering country will develop and implement SMART country programs with clear targets, milestones. These will need to be strongly aligned to the SMART Africa principles. The Alliance will provide technical support to countries in the development and implementation of SMART country program. The Alliance will also assist governments mobilize funding from Development Partners and Private Sector in order to implement their SMART country programs. Monitor and Evaluate the implementation of the Smart Africa Initiative The Alliance will put in place a framework to evaluate and document progress and lessons learnt in the implementation of the SMART Africa initiative. Promote the SMART Africa agenda The Alliance will provide a platform for constructive dialogue among stakeholders that promotes the SMART Africa agenda by: 1. Organizing Annual SMART Country Days in all participating countries. 2. Organizing the Transform Africa Summit, once every 2 years in Kigali, Rwanda. - 23 - Official Gazette n° Special of 25/04/202362