THE HOST COUNTRY AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND MADAGASCAR (ASECNA) FOR THE ESTABLISHMENT OF ASECNA’S HEADQUARTERS IN THE REPUBLIC OF RWANDA, SIGNED IN KIGALI, RWANDA, ON 28 DECEMBER 2023
This article ratifies the Host Country Agreement between Rwanda and ASECNA and makes it fully effective.
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This article ratifies the Host Country Agreement between Rwanda and ASECNA and makes it fully effective. The Prime Minister, the Minister of Foreign Affairs and International Cooperation, and the Minister of Infrastructure are responsible for implementing this Order. This provision gives ASECNA and its premises, property, and archives broad exemptions and protection in Rwanda, and sets duties for the Government to protect and facilitate its operations. This provision says the Order takes effect on the day it is published in the Official Gazette of Rwanda. This article appears to list topics: definition, legal capacity of ASECNA, and the agency’s privileges.
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Provisions of THE HOST COUNTRY AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND MADAGASCAR (ASECNA) FOR THE ESTABLISHMENT OF ASECNA’S HEADQUARTERS IN THE REPUBLIC OF RWANDA, SIGNED IN KIGALI, RWANDA, ON 28 DECEMBER 2023
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Kwemeza burundu
AI-assisted research summary: This article ratifies the Host Country Agreement between Rwanda and ASECNA and makes it fully effective.
Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier: Ratification Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier: Ratification hagati Kibungabunga Amasezerano ya y’Icyicaro Guverinoma ya Repubulika y’u Rwanda n’Ikigo Umutekano w’Ingendo zo mu Kirere muri Afurika na Madagascar ngo (ASECNA) hashyirweho icyicaro cya ASECNA muri Repubulika y’u Rwanda, yashyiriweho umukono i Kigali mu Rwanda, ku wa 28 Ukuboza 2023, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. kugira The Host Country Agreement between the Government of the Republic of Rwanda and the Agency for the Safety of Air Navigation in Africa and Madagascar (ASECNA) for the establishment of ASECNA’s Headquarters in the Republic of Rwanda, signed in Kigali, Rwanda, on 28 December 2023, annexed to this Order, is ratified and becomes fully effective. L’Accord de siège entre le Gouvernement de la République du Rwanda et l’Agence pour la Sécurité de la Navigation Aérienne en Afrique et à Madagascar (ASECNA) pour l’établissement du siège de l’ASECNA en République du Rwanda, signé à Kigali au Rwanda, le 28 décembre 2023, annexé au présent arrêté, est ratifié et sort son plein et entier effet. Article I ARTICLE I DEFINITI oNs For the purpose of this agreement the following exPressions and terms shall have meaning assigned to them as hereunder: "Government" means the Government of the Republic of Rwanda; "Host state" means the Republic of Rwanda; "Headquarters" means the premises which the ASECNA Representation occupies or may occupy for the purposes of its activity, excluding those used as accommodation by its staff; "Laws of the Host State" includes the constitution of Rwanda, organic laws, international treaties and atreements ratified by Rwanda, ordinary laws, orders, rules and regulations of any Government Authority; "Ofiicials of ASECNA" means the Representative of ASECNA in Rwanda and his staff employed on a permanent basis at professional level; "ASECNA" means Agency for the Safety of Air Navigation in Africa and Madagascar, "Competent Rwandan Authorities" means the national or other authorities of the Republic of Rwanda which are competent according to the context and in accordance with the laws and practices in force in the Republic of Rwanda; "Member States", means States which have signed, acceded to or ratified the revised Dakar Convention, signed at Libreville on 28 April 2010; "Member State Representatives" means the Representatives, Alternates, Advisors, technical and scientific experts and delegation secretaries of the Member States; "Director General" means the Director General of ASECNA; "Parties" means the Government of the Republic of Rwanda and ASECNA; "Premises" means the buildings and parts of buildings, and the land ancillary thereto, used for the official purposes, including any other construction(s) that Agency for the Safety of Air Navigation in Africa and Madagascar may determine necessary or desirable for the efficient conduct of its activities in the Republic of Rwanda; 4 Official Gazette n° Special of 11/04/202411 "Property and assets" means all property and assets referred to in Agency for the Safety of Air Navigation in Africa and Madagascar Charter; LEGAL CAPA - 2 Verify source ↗
Abayobozi bashinzwe
AI-assisted research summary: The Prime Minister, the Minister of Foreign Affairs and International Cooperation, and the Minister of Infrastructure are responsible for implementing this Order.
Ingingo ya 2: Abayobozi bashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article l’exécution du présent arrêté 2: Autorités chargées de Ingingo ya 2: Abayobozi bashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Minisitiri w’Intebe, Minisitiri w’Ububanyi n’Amahanga n’Ubutwererane na Minisitiri w’Ibikorwa Remezo bashinzwe gushyira mu bikorwa iri teka. The Prime Minister, the Minister of Foreign Affairs and International Cooperation and the Minister of Infrastructure are entrusted with the implementation of this Order. Article l’exécution du présent arrêté 2: Autorités chargées de et Le Premier Ministre, le Ministre des Affaires la Coopération Étrangères de des Internationale Infrastructures sont chargés de l’exécution du présent arrêté. le Ministre et Official Gazette n° Special of 11/04/20244 ARTICLE II ITY OF AGENCY FOR THE FETY OF AIR NAVIGATION IN AFRI CAAND MA AGASCAR The Government recotnizes that ASECNA is an international public institution, providing air navigation services as needed to ensure the safety and flight regularity of air traffic into Kigali Flight lnformation Region. The ASECNA shall possess a legal personaliq/ in the Republic of Rwanda. lt shall have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes, including the capacity to contract, to acquire and dispose of movable and immovable ProPefty and to institute and participate in legal proceedings. The Government agrees to apply to the ASECNA, Officials of the ASECNA and properties and assets, international legal instruments applied to other similar international organizations including the Convention on Privileges and lmmunities of the Specialized Agencies adopted by the United Nations General Assembly on 2l November 1947 and such other Priviletes, immunities, and exemptions agreed by the Parties in this Agreement. ln the case of inconsistency between the provisions of the Convention and this aSreement, the provisions of the Agreement shall prevail. The ASECNA Representation in the Republic of Rwanda comprises: a) Land and ancillary buildings and installations; b) Any other land or buildings that may be acquired by the ASECNA Representation or added subsequently, on a temporary or permanent basis, under supplementary agreements signed with the Government. The Government undertakes to facilitate ASECNA's acquisition of the premises and equipment it needs to carry out its mission. - 3 Verify source ↗
Ingingo y’ururimi
AI-assisted research summary: This provision gives ASECNA and its premises, property, and archives broad exemptions and protection in Rwanda, and sets duties for the Government to protect and facilitate its operations.
Ingingo ya 3: Ingingo y’ururimi Article 3: Language provision Article 3: Disposition linguistique Ingingo ya 3: Ingingo y’ururimi Article 3: Language provision Article 3: Disposition linguistique Iri teka ryateguwe mu rurimi rw’Icyongereza. This Order was drafted in English. Le présent arrêté a été rédigé en anglais. ARTICLE III PRIVILEGES OF ASECNA ASECNA, its assets, income and other property, as well as its operations and transactions within Rwanda shall be exempt in accordance with Rwandan laws; L The ASECNA Representation, its transactions, assets, income and other ProPert/ are exemPt: a) from all taxes and other duties. b) From custom duties and zero rated for Value added Tax (VAI) and any other tax on goods and services including but not limited to equipmeng motor vehicles materials and other items imported or purchased for official use; 5 r Official Gazette n° Special of 11/04/202412 c) customs duties, prohibitions and restrictions on imports and exports in respect of objects and materials intended for the official and exclusive use of the ASECNA Representation. d) Duty-free imported equipment, materials, products, spare parts and consumables may not be sold on the territorf of the Republic of Rwanda without the consent of the Government. ) 4 5 6. ln the event of any such exempted items being sold in the Republic of Rwanda to a person other than a person or organization with similar privileges, duties and taxes shall be payable. The Property and assets of Agency for the Safety of Air Navigation in Africa and Madagascar in the Republic of Rwanda, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or legislative action. The Premises and property of ASECNA, including any additional office, wherever located in the Republic of Rwanda, shall be inviolable and shall be under the exclusive control and authority of ASECNA and may not be the subject of any search, requisition, confiscation, expropriation or any other form of executive, administrative, judicial or legislative constraint, except for the purposes of a legal invescigation. administrative, judicial, military or police or other person exercising public authority within the Republic of Rwanda shall enter the Premises of Agency for the Safety of Air Navigation in Africa and Madagascar to perform any duties therein except with express authorisation from or on express request by the Director General of Agency for the Safety of Air Navigation in Africa and Madagascar and under conditions agreed to by ASECNA. Such authorisation may be assumed in the case of fire. The Government shall take all appropriate measures to protect the Premises of ASECNA, including the Headquarters of Agency for the Safety of Air Navigation in Africa and Madagascar and any other office of Agency for the Safety of Air Navigation in Africa and Madagascar within the Republic of Rwanda against any intrusion in or damage to the Premises of Agency for the Safety of Air Navigation in Africa and Madagascar or any other office of Agency for the Safety of Air Navigation in Africa and Madagascar and to prevent any disturbance of law and order in the immediate vicinity of Agency for the Safety of Air Navigation in Africa and Madagascar or any other office of ASECNA. Agency for the Safety of Air Navigation in Africa and Madagascar shall be accorded the same protection as that accorded to same organisations in the Republic of Rwanda. The Government shall, whenever the need arises, ensure the presence of the necessary police force in sufficient numbers for the protection of the Premises of Agency for the Safety of Air Navigation in Africa and Madagascar or any other office and take appropriate measures to restore order in the vicinity of the Premises of Agency for the Safety of Air Navigation in Africa and Madagascar or remove offenders as may be necessary. 6 r Official Gazette n° Special of 11/04/202413 7. 8. 9 Agency for the Safety of Air Navigation in Africa and Madagascar shall have the right to convene meetings in the Premises of ASECNA, and at other locations in the territory of the Republic of Rwanda. At such meetings, the Government may be informed in advance and shall guarantee that no impediment is placed in the way of full freedom of discussion and decision and take the appropriate measures to ensure the security of participants in the meetings. Without prejudice to the terms of this Agreement, Agency for the Safety of Air Navigation in Africa and Madagascar shall prevent the Premises of Agency for the Safety of Air Navigation in Africa and Madagascar from becoming a refuge for persons, other than officers and employees of ASECNA, seeking to avoid arrest or service of legal process under the laws of the Republic of Rwanda. The archives of Agency for the Safety of Air Navigation in Africa and Madagascar in the Republic of Rwanda, wherever located and by whomsoever held, shall be inviolable. I0. The Government will facilitate, to the extent of its powers: a a 1 to ensure, under equitable conditions, and in accordance with the requests made to it by the Director General of ASECNA or the Representative, the public services necessary for the Representation of ASECNA, in particular postal, telephone and telegraphic services, electricity, water and Gas, public transpoft, water evacuation, garbage removal, fire protection services; Facilitate access to public hospital services, hygiene, prophylaxis, major endemic diseases, etc. ln the event of force majeure leading to partial or total interruption of its services, the ASECNA Representation shall benefit for its needs from the priority accorded to lnternational Organizations accredited in the Republic of Rwanda. - 4 Verify source ↗
Gutangira gukurikizwa
AI-assisted research summary: This provision says the Order takes effect on the day it is published in the Official Gazette of Rwanda.
Ingingo ya 4: Gutangira gukurikizwa Article 4: Entry into force Article 4: Entrée en vigueur Official Gazette n° Special of 11/04/20242 HAGATI ITEKA RYA PEREZIDA N° 048/01 RYO RYEMEZA KU WA 09/04/2024 AMASEZERANO BURUNDU Y’ICYICARO YA GUVERINOMA YA REPUBULIKA Y’U RWANDA N’IKIGO KIBUNGABUNGA UMUTEKANO W’INGENDO ZO MU NA KIRERE MURI MADAGASCAR (ASECNA) KUGIRA NGO HASHYIRWEHO ICYICARO CYA ASECNA MURI REPUBULIKA Y’U YASHYIRIWEHO RWANDA, UMUKONO I KIGALI MU RWANDA, KU WA 28 UKUBOZA 2023 AFURIKA PRESIDENTIAL ORDER N° 048/01 OF 09/04/2024 RATIFYING THE HOST COUNTRY AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND MADAGASCAR (ASECNA) ESTABLISHMENT OF FOR ASECNA’S HEADQUARTERS IN THE REPUBLIC OF RWANDA, SIGNED IN KIGALI, RWANDA, ON 28 DECEMBER 2023 THE ARRÊTÉ PRÉSIDENTIEL N° 048/01 DU 09/04/2024 RATIFIANT L’ACCORD DE SIÈGE ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE DU RWANDA ET L’AGENCE POUR LA SÉCURITÉ DE LA NAVIGATION AÉRIENNE EN AFRIQUE ET À MADAGASCAR (ASECNA) POUR L’ÉTABLISSEMENT DU SIÈGE DE L’ASECNA EN RÉPUBLIQUE DU RWANDA, SIGNÉ À KIGALI AU RWANDA, LE 28 DÉCEMBRE 2023 Twebwe, KAGAME Paul, Perezida wa Repubulika; We, KAGAME Paul, President of the Republic; Nous, KAGAME Paul, Président de la République ; ku Dushingiye rya Repubulika y’u Rwanda, cyane cyane mu ngingo zaryo, iya 112 n’iya 168; Itegeko Nshinga Tumaze kubona Amasezerano y’Icyicaro hagati ya Guverinoma ya Repubulika y’u Rwanda n’Ikigo Kibungabunga Umutekano w’Ingendo zo mu Kirere muri Afurika na Madagascar ngo (ASECNA) hashyirweho icyicaro cya ASECNA muri Repubulika y’u Rwanda, yashyiriweho umukono i Kigali mu Rwanda, ku wa 28 Ukuboza 2023; kugira Pursuant to the Constitution of the Republic of Rwanda, especially in Articles 112 and 168; Vu la Constitution de la République du Rwanda, spécialement en ses articles 112 et 168 ; Considering the Host Country Agreement between the Government of the Republic of Rwanda and the Agency for the Safety of Air and Madagascar Navigation (ASECNA) for the establishment of ASECNA’s Headquarters in the Republic of Rwanda, signed in Kigali, Rwanda, on 28 December 2023; in Africa Considérant l’Accord de siège entre le Gouvernement de la République du Rwanda et l’Agence pour la Sécurité de la Navigation Aérienne en Afrique et à Madagascar (ASECNA) pour l’établissement du siège de l’ASECNA en République du Rwanda, signé à Kigali au Rwanda, le 28 décembre 2023 ; Official Gazette n° Special of 11/04/20243 Bisabwe n’Amahanga n’Ubutwererane; na Minisitiri w’Ububanyi On proposal by the Minister of Foreign Affairs and International Cooperation; Sur proposition du Ministre des Affaires Étrangères la Coopération de et Internationale ; Inama y’Abaminisitiri yateranye ku wa 27/02/2024 imaze kubisuzuma no kubyemeza; After consideration and approval by Cabinet, in its meeting of 27/02/2024; the Après examen et adoption par le Conseil des Ministres, en sa séance du 27/02/2024 ; DUTEGETSE: DO ORDER: ARRÊTONS : 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 11/04/20245 Kigali, 09/04/2024 (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 11/04/20246 W’ITEKA RYA UMUGEREKA PEREZIDA N° 048/01 RYO KU WA BURUNDU 09/04/2024 RYEMEZA AMASEZERANO Y’ICYICARO HAGATI YA GUVERINOMA YA REPUBULIKA Y’U RWANDA N’IKIGO KIBUNGABUNGA UMUTEKANO W’INGENDO ZO MU KIRERE MURI MADAGASCAR AFURIKA (ASECNA) NGO HASHYIRWEHO ICYICARO CYA ASECNA MURI REPUBULIKA Y’U RWANDA, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 28 UKUBOZA 2023 KUGIRA NA AMASEZERANO Y’ICYICARO HAGATI YA GUVERINOMA YA REPUBULIKA Y’U RWANDA N’IKIGO KIBUNGABUNGA UMUTEKANO W’INGENDO ZO MU KIRERE MURI MADAGASCAR AFURIKA (ASECNA) NGO HASHYIRWEHO ICYICARO CYA ASECNA MURI REPUBULIKA Y’U RWANDA, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 28 UKUBOZA 2023 KUGIRA NA COUNTRY ANNEX TO PRESIDENTIAL ORDER N° 048/01 OF 09/04/2024 RATIFYING THE HOST AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND MADAGASCAR (ASECNA) FOR THE ESTABLISHMENT OF ASECNA’S HEADQUARTERS IN THE REPUBLIC OF RWANDA, SIGNED IN KIGALI, RWANDA, ON 28 DECEMBER 2023 DE ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL N° 048/01 DU 09/04/2024 RATIFIANT L’ACCORD DE SIÈGE ENTRE LE GOUVERNEMENT LA RÉPUBLIQUE DU RWANDA ET L’AGENCE POUR LA SÉCURITÉ DE LA NAVIGATION AÉRIENNE EN AFRIQUE ET À MADAGASCAR (ASECNA) POUR L’ÉTABLISSEMENT DU SIÈGE DE L’ASECNA EN RÉPUBLIQUE DU RWANDA, SIGNÉ À KIGALI AU RWANDA, LE 28 DÉCEMBRE 2023 COUNTRY HOST AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND MADAGASCAR (ASECNA) FOR THE ESTABLISHMENT OF ASECNA’S HEADQUARTERS IN THE REPUBLIC OF RWANDA, SIGNED IN KIGALI, RWANDA, ON 28 DECEMBER 2023 DE ACCORD DE SIÈGE ENTRE LE LA GOUVERNEMENT RÉPUBLIQUE DU RWANDA ET L’AGENCE POUR LA SÉCURITÉ DE LA NAVIGATION AÉRIENNE EN AFRIQUE ET À MADAGASCAR (ASECNA) POUR L’ÉTABLISSEMENT DU SIÈGE DE L’ASECNA EN RÉPUBLIQUE DU RWANDA, SIGNÉ À KIGALI AU RWANDA, LE 28 DÉCEMBRE 2023 Official Gazette n° Special of 11/04/20247 HOST COUNTRY AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA And AGENCY FOR THE SAFETY OF AIR NAVIGATION rN AFRTCAAND MADAGASCAR (ASECNA) FOR THE ESTABLISHMENT OF ASECNA'S HEADQUARTERS IN THE REPUBLIC OF RWANDA k 1 Y Official Gazette n° Special of 11/04/20248 ARTICLE IV EXEMPTION FROM TAXATION ASECNA, the Property and assets of ASECNA, its income as well as its operations and transactions, shall be immune from all direct or indirect taxation (including mandatory charges, as required under any applicable laws of the Republic of Rwanda) and from all customs duties, it being understood, that Agency for the Safety of Air Navigation in Africa and Madagascar will not claim exemptions from taxes which are, in fact, no more than charges for public utility services paid by other international organizations established in the Republic of Rwanda. 7 Official Gazette n° Special of 11/04/202414 2. The exemption referred to in paragraph I of this Article shall apply to any goods and articles, including motor vehicles and spare Pafts required for official PurPoses, publications, films, still or moving pictures, petrol and other fuels and lubricants in the manner and quantities prevailing for other international institutions or diplomatic missions established in the Republic of Rwanda, and other goods acquired or imported for the official use of ASECNA. Articles and goods locally acquired or imported under such immunity may be disposed of locally, subject to terms agreed upon with the Government. ARTICLE Y FINANCIAL FACILITIES Agency for the Safety of Air Navigation in Africa and Madagascar may open, maintain and operate bank accounts in national or other currencies, receive and hold funds and currency of any kind, and transfer from its accounts, funds and currency within the territorf of the Republic of Rwanda to other countries or vice versa and convert any currency held by it into any other currency, , and carry out any oPerations authorized under its Convention. The Government shall to the extent possible assist Agency for the Safety of Air Navigation in Africa and Madagascar in obtaining favorable conditions as regards exchange rates, banking commissions in exchange transactions and other similar transactions. 2 3 Agency for the Safety of Air Navigation in Africa and Madagascar shall have the right, in exchange for any available convertible currency, to purchase the national currency of the Republic of Rwanda in such amounts as Agency for the Safety of Air Navigation in Africa and Madagascar may require from time to time for meetint its expenditures in the Republic of Rwanda. ln the event of shortage of the national currency of the Republic of Rwanda, the National Bank of Rwanda shall sell to Agency for the Safety of Air Navigation in Africa and Madagascar the national currency of the Republic of Rwanda in such amounts as Agency for the Safety of Air Navigation in Africa and Madagascar may require from time to time for meeting its expenditures in the Republic of Rwanda, at the published exchange rate of the National Bank of Rwanda, and on no less favorable terms and conditions than those accorded to other international organizations or diplomatic missions in the Republic of Rwanda. The Government will grant quotas of gasoline and other necessar), fuels, as well as lubricants for vehicles intended for the official use of the ASECNA Representation, to the extent and at the rates granted to Diplomatic Missions. 8 ) Official Gazette n° Special of 11/04/202415 - 150 Verify source ↗
Article 150
AI-assisted research summary: This article appears to list topics: definition, legal capacity of ASECNA, and the agency’s privileges.
Article lll TABLE OF CONTENT Definition Legal Capacity of ASECNA Privileges of Agency for the Safety of Air Navigation in Africa and Madagascar - 55 Verify source ↗
Article 55
AI-assisted research summary: This article concerns an exemption from taxation.
Article lV Exemption from taxation - 5 Verify source ↗
Article 5
AI-assisted research summary: This article is titled “Financial Facilities.”
ARTICLE V Financial Facilities - 6 Verify source ↗
Article 6
AI-assisted research summary: Article VI gives ASECNA officials and related family members privileges, immunities, and tax/customs/immigration exemptions in Rwanda, and requires the Government and ASECNA to carry out specific supporting steps.
ARTICLE VI ARTICLE VI UNDERTAKTNGS OF THE GOYERNMENT WITH REGARD TO THE ASECNA OFFICIALS AND INTERNATIO NALLY RECRUITED STAFF MEMBERS 1 Members of ASECNA tovernance organs (The President, the members of the ASECNA Board of Administrators and their Alternates and Advisors duly mandated Representatives of Member States, Observers and Representatives of other States, lnstitutions or Organizations) participating in the work of the ASECNA while performing their official functions in the Host Country or in any conference which may be convened by the ASECNA shall be entitled in the territon/ of the Host Country, while exercising their functions and during their travel to and from the Host Country, to the same privileges and immunities as are accorded to diplomatic envoys of comparable rank under international law, particularly amonS others: (a) immunity from legal process with respect to acts performed by them in their official capacity; (b) (c) (d) (e) immunity from personal arrest or detention. immunity from seizure of their official and personal baggage. lnviolability for all their official papers and documents; Exemption from all immigration restrictions and foreigner registration formalities; 2. ASECNA personnel on official business in the Republic of Rwanda benefit from the following privileges, immunities and facilities: (a) immunity from legal process with respect to acts performed by them in their official capacicy: (b) immunity from personal arrest or detention. (c) immunity from seizure of their official and personal baggage. (d) lnviolability for all their official papers and documents; (e) Exemption from all immigration restrictions and foreigner registration formalities; 3. The Director General of ASECNA, his/her spouse and dependent children shall benefit, on the territoD/ of the Republic of Rwanda, from the privileges, immunities, facilities and courtesies granted to members of foreign diplomatic missions accredited to the Government of Rwanda. 4 The Representative of ASECNA in Rwanda, his/her spouse and dependent children benefit from the privileges, immunities, facilities and courtesies accorded to members of foreign Diplomatic Missions accredited to the Government of the Republic of Rwanda 9 Y Official Gazette n° Special of 11/04/202416 5. For Officials of the ASECNA who are in Rwanda, solely for the purpose of this Agreement, the Government undertakes, in accordance with Rwandan laws, to trant them, their spouse and dependent family members: (") (0 immunity from legal process with respect to acts performed by them in their official capacity; immunity from personal arrest or detention; immunity from seizure of their official and personal baggage; (b) (c) (d) exemption from all income tax and social security contributions in respect of income, salaries and emoluments paid by Agency for the Safety of Air Navigation in Africa and Madagascar. lnviolability for all their official ASECNA papers and documents, except in the eYent of a legal investigation. Exemption for themselves, their spouses and dependent family members from all immigration and emigration restrictions; (S) Exemption for themselves, their spouses and dependent family members from all national service obligations during their official stay when they are not Rwandan nationals (e) (h) Exemption from the social security and pension contribution schemes in force at their place of employment. The ASECNA Representation will take the necessary steps to affiliate them to the social security institution of their country of origin, if they are not of Rwandan nationality. the same privileges in respect of exchange facilities accorded to officials of comparable rank of diplomatic missions or to officials of diplomatic missions or international organisations; the freedom to maintain within the Republic of Rwanda foreign accounts in local currency, and elsewhere foreign currency accounts; the freedom to own in the Republic of Rwanda foreign securities and other movable or immovable property; right to import and expoft from, in a single or separate shipments free of duty and other levies, prohibitions or restrictions on imports, their personal effects, household equipment, and one personal motor vehicle per family as is granted to officials of diplomatic missions by the customs laws of the Republic of Rwanda and exempt them from custom duties for the household and personal effect of any kind impofted by the officials or their dependents including one personal motor vehicle per family and spare parts for motor vehicles, household equipment and furniture imported or purchased by the official prior to clearance through customs, in conformity with pertinent laws of Rwanda, and grant them the right to transfer or replace the vehicle. (i) (j) (k) other immunities, privileges and exemptions, which are or may be accorded by the Goyernment to members of diplomatic missions or to officials of international organisations. 10 Y Official Gazette n° Special of 11/04/202417 6. 7 8. 9 lf any goods or materials imported are disposed of in Rwanda other than to a Person or organization with similar privileges, duties and taxes shall be payable thereon. The Government shall exempt them and their dependents from national service obligations, alien registration and immigration restrictions, and shall be provided by the Government with clearance or documents that may be required for this purpose. Should Officers of the ASECNA, who are nationals of the Republic of Rwanda be called up for national service, the Republic of Rwanda shall, at the request of ASECNA, grant such temporary deferments in the call-up of such Officials of the ASECNA as may be necessary to avoid interruption in essential work of ASECNA. The Government shall extend to them, their spouse and children such repatriation facilities in times of crisis and need as are extended by the Government to other personnel for whom similar agreement have been concluded with the Government. The Government shall permit them or their dependents to maintain within the Republic of Rwanda foreign accounts in local currency, and external accounts and bring to Rwanda reasonable amount of foreign currency for personal use, and to withdraw and repatriate such amount from Rwanda under external account facilities in accordance with the prevailing foreign exchange regulations of Rwanda. t0. The Government shall permit them freedom to travel, movement and communication necessary for the satisfactory performance of their duties under this agreement. I l. Agency for the Safety of Air Navigation in Africa and Madagascar shall communicate to the Government the names of those Officials of the ASECNA, their dependants and members of the household staff to whom the provisions of this Article are applicable. 12. Both pafties atree to defer the application of Article Vl.5 (d) for Rwandan nationals. I 3. ASECNA is exempted from deducting and remitting taxes of any kind on the remuneration of Rwandan nationals. 14. Experts and consultants, except Host Country's nationals and permanent residents, shall be accorded such immunities and privileges as are necessary for the proper exercise of their functions during the period of their mission and, in particular, they shall: a) be immune from personal arrest or detention; b) enjoy inviolability for all papers and documents and records in whatever form including computer-generated documents; c) be accorded the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporaD/ officiaI missions; d) be accorded the same protection and repatriation facilities with respect to themselves, their spouses and dependent relatives and other members of the 11 Official Gazette n° Special of 11/04/202418 family as are accorded in times of international crises or national emergencies to diplomatic envoys; e) be immune from any legal process in respect of words spoken or written and all acts performed by them in their official capacity; f) for the purposes of communicating with the ASECNA Headquarters and Premises, have the right to receive papers and correspondence by courier or in sealed bags; g) enjoy the same immunities and facilities in respect of their personal baggage as are accorded to representative of foreign governments on temporary official missions; and h) exemption from all income tax and social security contributions in respect of income, salaries and emoluments paid by Agency for the Safety of Air Navigation in Africa and Madagascar I 5. ASECNA employees are strictly forbidden to strike. 16. At the request of the Director General or Representative, the Government will, as far as possible, help ASECNA Representation staff find accommodation at their cost. ARTICLE Y!I UNDERTAKINGS OF THE ASECNA WITH REGARD TO THE GOYERNMENT The ASECNA hereby agrees and undertakes to: Take all reasonable steps to ensure that its staff members in Rwanda are not engaged in activities that are incompatible with the goals and objectives of the ASECNA or in contravention of the customs, laws and regulations of Rwanda; 2 3 Duly consider applications from qualified Rwandans to its managerial positions; On request, communicate to the Ministn/ of Foreign Affairs and lnternational Cooperation the names of the Officials of ASECNA, and their rank/positions. The first submission to be done within three months of signing of this atreemeni ARTICLES VIII COMMUNICATIONS FACILITIES The ASECNA Representation will benefit, for its official communications, from a favorable treatment at least equal to that tranted by the Government of the Republic of Rwanda to lnternational or Governmental Organizations or Diplomatic Missions, in terms of priority and rates for mail, cablegrams, telegrams, radio telegrams, telephone communications and others as well as in terms of press rates for press and radio information. The inviolability of correspondence bearing the seal of the ASECNA Representation is guaranteed. t2 Y Official Gazette n° Special of 11/04/202419 2 3 I 2. 3 Communications from the ASECNA Representation may not be censored. This measure extends to publications, photographic films or films, photographs and sound and visual recordings addressed to or dispatched by ASECNA, as well as to exhibition material organized by ASECNA. The ASECNA Representation shall have the right to use the codes as well as to send or receive its correspondence by couriers who shall benefit from the same privileges and inviolability as the couriers of the Diplomatic Representations, except in the event of the need for a legal investigation. - 95 Verify source ↗
Article 95
AI-assisted research summary: This article heading refers to government undertakings concerning ASECNA officials and internationally recruited staff members, but no operative rule text is provided here.
Article Vll Undertakings of the Government with regard to the ASECNA Officials and internationally recruited staff members Undertakings of Agency for the Safety of Air Navigation in Africa and Madagascar with regard to the Government - 8 Verify source ↗
Article 8
AI-assisted research summary: Article VIII is titled “communications facilities.”
ARTICLE VIII communications facilities - 10 Verify source ↗
Article 10
AI-assisted research summary: The Government must facilitate entry, residence, departure, movement, permits, visas, and dependent passes for specified ASECNA-related persons, and ASECNA must send names of visitors in advance.
Article X ARTICLE X ENTRY PERMIT. STAYAND RESIDENCY t3 + Official Gazette n° Special of 11/04/202420 The Government shall take all measures required to facilitate the entry into, ASECNA Representative office, residence in and departure from Rwanda, and freedom of movement in Rwanda, of the following persons entering the Republic of Rwanda on official duties even persons called upon to perform official duties there or invited by ASECNA to go there. (i) (ii) (iii) (iv) (r) The Chairman and members of the Board of administrator of ASECNA ASECNA's Director General, Financial Controller and Accounting Officer Officials of the ASECNA and their dependants Officers, experts, consultants and any other person performing duties on behalf of ASECNA; Other persons officially invited by Agency for the Safety of Air Navigation in Africa and Madagascar in connection with official activities of Agency for the Safety of Air Navigation in Africa and Madagascar in the Republic of Rwanda. Agency for the Safety of Air Navigation in Africa and Madagascar shall communicate the names of such persons to the Government prior to any such visit. 2- The Government undertakes to: (i) Facilitate issuance and renewal of entry (work) permits and visas for the Officials of the ASECNA and internationally recruited staff, free of charge. (ii) Facilitate issuance and renewal of dependent passes to both spouses and dependents of Officials of the ASECNA and internationally recruited staff, PromPtly and free of charge. 2. The persons referred to above shall have the same freedom of movement within the territoD/ of the Republic of Rwanda, subject to its laws and regulations concerning access to units and other locations which require a special authorisation, and the same treatment in respect of travelling facilities, as is accorded to officials of comparable rank of diplomatic missions and international institutions. ARTTCLE XI INTERPRETATION This Agreement shall be construed and interpreted in accordance with laws and regulations of the Republic of Rwanda in light of its primary purpose, which is to facilitate oPerations of ASECNA. The Parties shall exercise their rights and obligations under this Agreement consistent with the primary objective. - 14 Verify source ↗
Article 14
AI-assisted research summary: Either party may terminate the Agreement by giving the other six months’ written notice.
Article XIV ARTICLE XIV TERMINATION This Agreement may be terminated by: L Either party giving the other six (6) month written notice of the intention to terminate the Agreement; 2. Closure and/or relocation of the ASECNA office from the Republic of Rwanda; This will be subject to a notice from either party of six months. 3. The termination of this Agreement shall not affect the implementation of programs, projects and other activities initiated by the Parties. - 15 Verify source ↗
Article 15
AI-assisted research summary: The Agreement starts on the date it is signed and becomes effective after ratification by the Host Country.
Article XV Waiver of Privileges Entry permit, stay and residency lnterpretation Amendments Settlement of Disputes Termination Entry into force 2 Official Gazette n° Special of 11/04/20249 PREAMBLE The Government of the Republic of Rwanda (hereinafter referred to as the "Government") acting rhrouth the Ministry of Foreign affairs and lnternational Cooperation, represented by the Minister of foreign affairs and lnternational Cooperation, having its headquarter at Kimihurura - Gasabo - Cit of Kigali, P.O Box 179 Kigali - Rwanda hereinafter referred to as "Government" and The Agency for the Safety of Air Navigation in Africa and Madagascar (hereinafter referred to as "ASECNA") represented by the Director General having its headquarters in Senegal -32 - 38 Av. Jean Jaurds - P.O Box. 3144 DAKAR hereinafter referred to as "ASECNA". Mindful the revised Dakar Convention, adopted in Ouagadougou, Burkina Faso, and signed in Libreville on April 28, 2010, relating to the Agency for the Safety of Air Navigation in Africa and Madagascar (ASECNA) ratify by the Government of Rwanda by law no 053/2023 du |,510912023 in particular its lnternational Statute, which is the subject of Annex I to the said Convention; WHEREAS the Government of the Republic of Rwanda and Agency for the Safety of Air Navigation in Africa and Madagascar, are desirous of entering into an agreement regarding the establishment of the Headquarters of the Agency for the Safety of Air Navigation in Africa and Madagascar in the Republic of Rwanda; CONSIDERING it is necessary to regulate, by the present Agreement, the modalities relating to the establishment in the Republic of Rwanda of its Representation and its staff as well as to define, consequently, the privileges; WHEREAS, the mission of the Agency for the Safety of Air Navigation in Africa and Madagascar is to provide public services in the area of air navigation (Enroute, approach and aerodrome air traffic services, firefighting and aircraft rescue seryices, forecast and report in the field of meteorology) Referring to the l96l Vienna Convention on Diplomatic Relations; Now therefore the Government and ASECNA agree as follows: 3 Official Gazette n° Special of 11/04/202410 ARTICLE XV ENTRY INTO FORCE AND AMENDMENT This Agreement shall enter into force on the date of its signature and shall be effective upon ratification by the Host Country. !N }VITNESS \/t/HEREOF, the undersigned duly authorized representatives for this purpose have signed this Agreement. l5 Y Official Gazette n° Special of 11/04/202422 DONE in KiGALI this original copies, in the English and French languages; which are equally authentic. daYot 1.8 \dsntc.r 2023 in four !tlI Mohamed MOUSSA Director General of THE AGENCY FOR THE SAFETY OF AIR NAVIGATION lN AFRICAAND MADAGASCAR o Vincent BIRUTA Minister of Foreign Affairs and lnternational Cooperation 16 Y Official Gazette n° Special of 11/04/202423 Official Gazette n° Special of 11/04/202424 Official Gazette n° Special of 11/04/202425 Official Gazette n° Special of 11/04/202426 Official Gazette n° Special of 11/04/202427 Official Gazette n° Special of 11/04/202428 Official Gazette n° Special of 11/04/202429 Official Gazette n° Special of 11/04/202430 Official Gazette n° Special of 11/04/202431 Official Gazette n° Special of 11/04/202432 Official Gazette n° Special of 11/04/202433 Official Gazette n° Special of 11/04/202434 Official Gazette n° Special of 11/04/202435 Official Gazette n° Special of 11/04/202436 Official Gazette n° Special of 11/04/202437 Official Gazette n° Special of 11/04/202438 Official Gazette n° Special of 11/04/202439 Official Gazette n° Special of 11/04/202440 Official Gazette n° Special of 11/04/202441 hagati Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida n° 048/01 ryo ku wa 09/04/2024 ryemeza burundu Amasezerano ya y’Icyicaro Guverinoma ya Repubulika y’u Rwanda n’Ikigo Kibungabunga Umutekano w’Ingendo zo mu Kirere muri Afurika na (ASECNA) kugira ngo Madagascar hashyirweho icyicaro cya ASECNA muri Repubulika y’u Rwanda, yashyiriweho umukono i Kigali mu Rwanda, ku wa 28 Ukuboza 2023 between Agreement Seen to be annexed to Presidential Order n° 048/01 of 09/04/2024 ratifying the Host Country the Government of the Republic of Rwanda and the Agency for the Safety of Air Navigation in Africa and Madagascar (ASECNA) for the ASECNA’s Headquarters in the Republic of Rwanda, signed in Kigali, Rwanda, on 28 December 2023 establishment of Vu pour être annexé à l’Arrêté Présidentiel n° 048/01 du 09/04/2024 ratifiant l’Accord de siège entre le Gouvernement de la République du Rwanda et l’Agence pour la Sécurité de la Navigation Aérienne en Afrique et à Madagascar (ASECNA) pour l’établissement du siège de l’ASECNA en République du Rwanda, signé à Kigali au Rwanda, le 28 décembre 2023 Official Gazette n° Special of 11/04/202442 Kigali, 09/04/2024 (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 11/04/202443 - 9 Verify source ↗
Article 9
AI-assisted research summary: The Government and ASECNA must consult each other about abuse of privileges and may withhold privileges, immunities, exemptions, and facilities in response.
ARTICLE IX WAIVER OF PRIYILEGES The privileges, immunities, exemptions and facilities accorded under this Agreement are solely granted in the interests of Agency for the Safety of Air Navigation in Africa and Madagascar as well as for the purpose of facilitating the operations of the ASECNA and not for personal benefit to the persons involved; The Government and Agency for the Safety of Air Navigation in Africa and Madagascar shall consult each other to define the conditions and modalities or to withhold the privileges, immunities, exemptions and facilities of any official in any case where privileges are abused or impair the cause of justice; lf the Government considers that there has been an abuse of privileges or immunities conferred by this agreement, the Government and Agency for the Safety of Air Navigation in Africa and Madagascar will consult each other to define the conditions and modalities to withhold the ASECNA, the privilege and immunities granted herein. 4 Agency for the Safety of Air Navigation in Africa and Madagascar shall use its best effofts to ensure that the privileges, immunities, exemptions and facilities conferred by this Agreement are not abused and for this purpose shall establish such rules and regulations as it may deem necessary and expedient. Should the Government consider that an abuse has occurred, consultations shall be held between the Government and Agency for the Safety of Air Navigation in Africa and Madagascar to determine whether any such abuse has occurred and, if so, to ensure that no repetition occurs and to take appropriate action. - 12 Verify source ↗
Article 12
AI-assisted research summary: Amendments to the agreement must be consulted on by the two parties, made by mutual consent, and put in writing.
ARTICLE XII AMENDMENTS 14 Official Gazette n° Special of 11/04/202421 Any amendment to this Agreement shall be after consultation between the tyvo Parties. Any such amendments shall be by mutual consent and in writing. Such amendments shall constitute integral part of this Agreement. - 13 Verify source ↗
Article 13
AI-assisted research summary: Disputes between the Parties must be settled amicably through consultation and negotiation without unreasonable delay. If that fails, any party may terminate the Agreement with six months’ written notice.
ARTICLE XIII SETTLEMENT OF DISPUTES l. Any dispute between the Parties relating to the interpretation or implementation of this Agreement shall be resolved amicably without unreasonable delay, by consultations and negotiations between the Parties. 2. ln the event a dispute cannot be amicably settled, any party shall be at liberty to terminate this Host Country Agreement giving the other six (6) month written notice.
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THE HOST COUNTRY AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND MADAGASCAR (ASECNA) FOR THE ESTABLISHMENT OF ASECNA’S HEADQUARTERS IN THE REPUBLIC OF RWANDA, SIGNED IN KIGALI, RWANDA, ON 28 DECEMBER 2023
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