{
  "id": "zw-2017-4",
  "type": "statute",
  "title": "ZEP-RE (Membership of Zimbabwe and Branch Office Agreement) Act, 2017",
  "title_en": "ZEP-RE (Membership of Zimbabwe and Branch Office Agreement) Act, 2017",
  "short_name": "zw-2017-4",
  "status": "in_force",
  "issued_date": "2017-01-01",
  "in_force_date": "2017-01-01",
  "url": "https://zimlii.org/akn/zw/act/2017/4/eng@2017-12-08",
  "provisions": [
    {
      "provision_ref": "s1",
      "section": "1",
      "title": "Short title",
      "content": "1. Short title This Act may be cited as ZEP-RE (Membership of Zimbabwe and Branch Office Agreement ) Act, 2017."
    },
    {
      "provision_ref": "s2",
      "section": "2",
      "title": "Interpretation",
      "content": "2. Interpretation In this Act— \" Agreement \" means the Agreement for the establishment of the Company , concluded on November 23, 1990, among members states of the Preferential Trade Area (PTA) (now the Common Market for Eastern and Southern Africa); \" Company \" means the ZEP-RE (PTA Reinsurance Company); \" Host Agreement \" means the Agreement between the Government of Zimbabwe and ZEP-RE (PTA Reinsurance Company ); \" member of the family \", in relation to any person shall be construed as meaning— (a) the spouse or any dependent child of that person; and (b) any other person deemed by the Minister to be a member of the family in question; \" Minister \" means the Minister of Finance or any other Minister to whom the President may, from time to time, assign the administration of this Act."
    },
    {
      "provision_ref": "s3",
      "section": "3",
      "title": "Provisions of ZEP-Re to have force of law",
      "content": "3. Provisions of ZEP-Re to have force of law All the provisions in the Schedule shall have the force of law in Zimbabwe: Provided that nothing in the Host Agreement shall be construed as— (a) entitling the company to import goods free of customs duty without any restriction on their subsequent sale; or (b) conferring on the Company any exemption from taxes which are in fact no more than charges for public utility services which are payable by other international organisations situated or represented in Zimbabwe."
    },
    {
      "provision_ref": "s4",
      "section": "4",
      "title": "Minister 's powers",
      "content": "4. Minister 's powers (1) The Minister may make such regulations and give such directions as he or she may deem necessary or convenient for the carrying out of the objects and purposes of this Act. (2) ln particular, the Minister may (without violating the spirit or letter of the Agreement) by regulation or direction— (a) temporarily suspend in relation to any individual or class of individuals the application of Articles 3 and 4 of the Agreement if the Minister is of the opinion that such suspension is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest; (b) prescribe reasonable definitions of or limitations to the scope of the application of the privileges and immunities referred to in Articles 7, 8, 9, 10 and 11 of the Agreement , including the specification of periods for which those privileges and immunities may be enjoyed for the purpose of those Articles by persons who have concerned have ceased to be officials of the Company or by members of the families of such officials. (3) The Company shall be given advance notice of the exercise of any power by the Minister under subsection 2(a) or (b) and shall be afforded the opportunity of making representations on the matter to the Minister . Schedule (Section 3) Article 1 – Legal status of ZEP-Re (PTA Reinsurance Company) Pursuant to provisions of Article 40 of the Agreement establishing the Company, ZEP-Re (PTA Reinsurance Company) is hereby declared to have the legal capacity of a body corporate in Zimbabwe and shall be recognised as a corporate body with international legal personality with the power to acquire or dispose of movable and immovable property and to have the legal capacity required for the performance of its functions under the Treaty. Article 2 – Interpretation 1. In this Agreement, unless the context shall otherwise require, the expression: \"Appropriate Authorities of Zimbabwe\" means such national, local or other agencies of the Government of Zimbabwe, as may be appropriate in accordance with the laws of Zimbabwe; \"The Establishment Agreement\" means the Agreement establishing the ZEP-Re (PTA Reinsurance Company); \"Company\" means the ZEP-Re (PTA Reinsurance Company); \"Government\" means the Government of the Republic of Zimbabwe; \"Host Agreement\" means the Agreement between the Government of Zimbabwe and ZEP-Re (PTA Reinsurance Company); \"Laws of the Republic of Zimbabwe\" includes legislative acts, rules, regulations, decrees issued by or under the authority of the Government or appropriate Zimbabwean authorities; \"Official Correspondence\" means all correspondence relating to the Company; \"Representatives of the Member States and Institutions\" include Representatives, advisors, technical experts and secretaries of delegations of States and Institutions that are members of the Company; 'Treaty\" means the Treaty establishing the Common Market for Eastern and Southern Africa (COMESA). 2. The provisions of the Host Agreement apply to— (a) the temporary offices used by the Company; and (b) the land of the offices together with any buildings, and other structures and installations erected upon it; and (c) any other land, buildings, structures or installations which may be defined as being part of the offices by supplementary Agreements between the Company and Government of Zimbabwe. Article 3 – Inviolability of offices of ZEP-Re (PTA Reinsurance Company) 1. The offices of the Company shall be inviolable and shall be under the control and authority of the Managing Director as provided for in this Agreement. Officials of the Government, whether administrative, judicial, military or police, shall not enter the offices of the Company to perform any official duties therein except with the consent of and under conditions agreed to by the Managing Director or anybody acting on his or her behalf. 2. The Company shall have the like inviolability of its official archives and premises occupied as offices, as is accorded to an international financial institution. 3. The appropriate authorities shall exercise due diligence to ensure that the tranquility of the offices of the Company is not disturbed by the unauthorised entry of groups of persons from outside or by disturbances in its immediate vicinity, and shall cause to provide on the boundaries of the offices of the Company such security as is required for these purposes. 4. If requested by the Managing Director or anyone acting on his or her behalf, the appropriate Zimbabwean authorities shall provide sufficient number of police or other security personnel for the preservation of law and order in the offices of the Company, and for the removal therefrom of persons as identified by the Managing Director or anybody acting on his or her behalf. 5. Without prejudice to the provisions of the Treaty and the Agreement on Privileges and Immunities of this Agreement, the Managing Director or anyone acting on his or her behalf shall prevent the offices of the Company from becoming a refuge for persons who are avoiding arrest or service of legal process under any law of the Republic of Zimbabwe. 6. Without prejudice to the provisions of Article 43(2) of the Establishment Agreement, the Government will take whatever required action in order that the Company shall not be disposed of its rights in the offices of the Company nor deprived of the enjoyment of such rights except with its express consent. Article 4 – Access to the offices of the Company and residence 1. The appropriate authorities of the Government shall not impede the transit to or from the offices of the Company of any official of the Company proceeding there to perform his or her official duties, or any other authorised person at the invitation of the Company. 2. To this end, the Government shall facilitate the entry and residence in the Republic of Zimbabwe and exit therefrom, while they are engaged in business with the Company of— (a) directors of the Company and their alternates; (b) Managing Director and other officials of the Company; (c) persons other than officials of the Company performing missions for the Company; (d) other persons invited under the authority of the Managing Director or any person acting on his or her behalf to visit or to perform their duties at the offices of the Company; (e) members of the family and personal employees of the persons referred to in subparagraphs (a), (b), (c) and (d) while the latter are engaged in business with the Company. 3. The names of persons mentioned in paragraph 2(a) and (b) shall be notified to the Government by the Managing Director of the Company. 4. Visas for persons referred to in paragraph 2(b) of this Article, where required, shall be granted expeditiously and gratis. 5. No measure excluding or restricting the residence in the Republic of Zimbabwe of any such person shall be taken on account of any activities performed by him or her in his or her official capacity. In case of abuse of privilege by any such person acting outside of his or her official capacity in the Republic of Zimbabwe, measures for excluding or restricting his or her residence there may be taken after prior consultation between Minister of Foreign Affairs of the Republic of Zimbabwe and Managing Director of the Company. 6. The provisions of this Article shall not apply to general interruption of transport nor imply exemption from the obligation to produce reasonable evidence to establish that persons claiming the rights granted under the Article are included in the categories specified in paragraph 2(b) hereof nor from the reasonable application of quarantine and health regulations. Article 5 – Communications, transport, public service and utilities 1. Without prejudice to any other concessions that the Government may agree to grant to the Company by any subsequent Agreements, the Company shall enjoy for its official communications, treatment not less favourable "
    }
  ],
  "definitions": [
    {
      "term": "Agreement",
      "definition": "means the Agreement for the establishment of the Company , concluded on November 23, 1990, among members states of the Preferential Trade Area (PTA) (now the Common Market for Eastern and Southern Africa)",
      "source_provision": "s2"
    },
    {
      "term": "Company",
      "definition": "means the ZEP-RE (PTA Reinsurance Company)",
      "source_provision": "s2"
    },
    {
      "term": "Host Agreement",
      "definition": "means the Agreement between the Government of Zimbabwe and ZEP-RE (PTA Reinsurance Company )",
      "source_provision": "s2"
    },
    {
      "term": "member of the family",
      "definition": ", in relation to any person shall be construed as meaning— (a) the spouse or any dependent child of that person; and (b) any other person deemed by the Minister to be a member of the family in question",
      "source_provision": "s2"
    }
  ]
}