Sierra Leone Investment and Export Promotion Agency Act, 2007 (No. 3 of 2007)

1. Interpretation PART II–ESTABLISHMENT OF SIERRA LEONE INVESTMENT AND EXPORT PROMOTION AGENCY

2. Establishment of Agency

3. Board of Agency

4. Term of office of Members of Board

5. Functions of Board

6. Remuneration of members of Board

7. Filling of vacancies

8. Meetings of Board

9. Disclosure of interest

10. Powers of Board PART III–FUNCTIONS AND MANAGMENT OF AGENCY

11. Functions of Agency

12. Agency not subject to any directions

13. Chief Executive Officer

14. Deputy Chief Executive Officers

15. Other staff of Agency

16. Establishment of offices in the Provinces

17. Funding of Agency

18. Accounts and audit

19. Financial year of Agency PART V–MISCELLANOUS

20. Annual report of Agency

21. Amendment of Act No. 10 of 2004

22. Regulations

23. Repeal 12 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 S IGNED this 4th day of May, 2007 ALHAJI AHMAD TEJAN KABBAH, President. Passed in Parliament this 29th day of March, in the year of our Lord two thousand and seven. A. A. KEMOKAI, Clerk of Parliament. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy No. 3 2007 of the said Bill. A. A. KEMOKAI, 0 LS Clerk of Parliament. Sierra Leone The Sierra Leone Investment and Export Short title. Promotion Agency Act, 2007. Being an Act to establish the Sierra Leone Investment and Export Promotion Agency to promote investments and exports and for other related matters. [10th May, 2007] Date of com- mencement. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. ENACTED by the President and Members of Parliament in this GAZETTE NO. 22 OF 10TH MAY, 2007. present Parliament assembled. 2 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 3 PART 1 - PRELIMINARY (a) a Chairman who shall be a distinguished, experienced and well- respected industrialist or businessman appointed by the President Interpretation. 1. In this Act, unless the context otherwise requires– on the recommendation of the Minister and subject to the approval of Parliament; “Agency” means the Sierra Leone Investment and (b) the following other members:– Export Promotion Agency established by section 2; (i) one person from the private sector with “Board” means the Board of Directors established by experience in exporting and export section 3; promotion or investment matters appointed by the President on the “Chief Executive Officer” means the Chief Executive recommendation of the Minister and Officer appointed under section 13; subject to the approval of Parliament; and “Minister” means the Minister responsible for trade. (ii) a representative of the Sierra Leone PART II- ESTABLISHMENT OF SIERRA LEONE Chamber of Commerce, Industry and Agriculture; INVESTMENT AND EXPORT PROMOTION AGENCY (iii) a representative each of the Sierra Leone Bankers Association and the Sierra Leone Association of Manu-facturers Establishment 2. (1) There is hereby established a body to be known as selected by the respective Associations; of Agency. the Sierra Leone Investment and Export Promotion Agency. (iv) the Permanent Secretaries of the (2) The Agency shall be a body corporate, having following Ministries:– perpetual succession and capable of acquiring, holding and disposing (a) Ministry of Trade and Industry; of any property, whether movable or immovable, and of suing and being sued in its corporate name and, subject to this Act, of performing (b) Ministry of Finance; all such acts as bodies corporate may by law perform. (c) Ministry of Fisheries and Marine Resources; (3) The Agency shall have a common seal the use of which shall be authenticated by the signatures of the Chairman and (d) Ministry of Tourism; and the Chief Executive Officer or by any other member of the Board (c) Ministry of Agriculture and designated in that behalf by the Board. Food Security; and Board of 3. (1) The governing body of the Agency shall be a Board (v) the Chief Executive Officer who shall Agency. also act as secretary. of Directors consisting of– 4 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 5

6. The Chairman and the other members of the Board and Remuneration (2) The members of the Board referred to in subparagraphs (ii) persons co-opted by the Board under subsection (5) of section 8 of members and (iii) of paragraph (b) of subsection (1) shall be persons selected of Board. shall be paid such remuneration, fees and allowances and shall be by their organizations for their high personal integrity. reimbursed by the Agency for any expenses incurred in connection Term of 4. (1) The Chairman and other members of the Board, except with the discharge of their functions as the Board may determine. office of members of the persons referred to in subparagraph (iv) of paragraph (b) of subsection (1) of section 3 and the Chief Executive Officer, shall hold 7. (1) Where a person ceases to be a member of the Board Filling of Board. under the circumstances specified in subsection (2) of section 4- vacancies. office for three years and shall be eligible for re-appointment or re- selection for not more than one term. (a) the members of the Board shall, where the (2) A person shall cease to be a member of the Board on person is the Chairman, elect one of their any of the following grounds:– number to act as Chairman until such time as another Chairman is appointed in his stead, (a) for inability to perform the functions of his (b) in the case of any other member, the Chairman office by reason of infirmity of mind or body; shall arrange, subject to this Act, to have (b) for proven misconduct; another person elected or , as the case may be, selected to the Board. (c) if he becomes bankrupt or insolvent; (2) Where a person is elected as Chairman or a member to (d) if he is convicted of an offence involving fill a vacancy, he shall hold office for the remainder of the term of the fraud or dishonesty; previous Chairman or other member, as the case may be, and shall, (e) if he fails to attend three consecutive subject to this Act, be eligible for re-appointment or re-election. meetings of the Board without reasonable cause; 8. (1) The Board shall hold its first meeting on such date and Meetings of Board. at such place as the Minister may, after consultation with the Board (f) if he resigns by written notice to the determine and thereafter, it shall meet for dispatch of business at Minister, or such time and place as the Chairman may decide but shall meet at (g) if he dies. least once a month. (2) At any meeting at which he is present, the Chairman Functions of 5. (1) Subject to this Act, the Board shall have the control Board. shall preside and in his absence the members present shall elect one and supervision of the Agency. of their number to preside. (2) The Board shall also provide such policy guidance (3) The quorum at a meeting of the Board shall be five, and advice as will ensure the efficient implementation of the functions including the Chief Executive Officer. of the Agency and enhance the overall performance of the Agency. 6 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 7 (4) Each member of the Board shall have one vote and in (b) give instructions to the Chief Executive in the case of equality of votes, the Chairman or other person presiding connection with the management and shall have a casting vote. performance of the functions of the Agency. (5) The Board may co-opt any person to attend its PART III–FUNCTIONS AND MANAGEMENT OF AGENCY meetings and provide technical or other advice to the Board or

11. (1) The object for which the Agency is established is to Functions of otherwise assist at its meeting but such person shall not vote on any promote investments in Sierra Leone and export of Sierra Leone Agency. matter for decision by the Board. products. (6) Any proposal circulated among all members of the (2) Without prejudice to the generality of subsection (1), Board and agreed to in voting by a two-thirds majority of the members the Agency shall- shall have the same force or effect as a decision made at a duly (a) encourage and promote the development of constituted meeting of the Board; but if a member requires that the agricultural production and other activities proposal be placed before a meeting of the Board, this subsection oriented towards exports; shall not apply to the proposal. (b) facilitate the export oriented operations of (7) Subject to this Act, the Board shall regulate its small scale producers and manufacturers; meetings and procedure as it thinks fit. (c) serve as the focal point for raising awareness of the importance of export and for developing Disclosure of 9. (1) A member of the Board who has any interest direct or appropriate export strategies; interest. indirect, in any matter to be considered by the Board shall disclose the nature of his interest to the Board and such disclosure shall be (d) provide exporters with marketing advisory recorded in the minutes of the Board and the member shall not take services and assist them in developing part in any deliberation or decision of the Board relating to that marketing plans for entering or expanding matter. their businesses into foreign markets; (2) A member who contravenes subsection (1) shall be (e) undertake an advocacy role for exporters in their relations with Government and other guilty of misconduct and liable to be removed from the Board. bodies or organizations; Powers of 10. (1) In the discharge of its functions under this Act, the Board. (f) assist exporters in identifying opportunities Board may- for appropriate technical assistance from regional and international bodies and (a) direct the Chief Executive to furnish it organizations; with any information, report or other documents which the Board considers (g) identify potential investors with a view to necessary for the performance of its encouraging them to invest in agriculture and functions; other sectors of the economy; 8 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 9 (h) promote both locally and internationally, the (a) formal qualification in any profession opportunities for investment in Sierra Leone; relevant or appropriate to the object and functions of the Agency; and (i) collect, collate, analyse and disseminate in user friendly and accessible formats, (b) proven ability in public administration and information about investment opportunities management. in the economy and priority sectors in Sierra Leone; (3) The Chief Executive Officer shall be responsible to the Board for– (j) facilitate co-ordination and cooperation between the public and private sectors in (a) the day-to-day administration of the matters relating to investments; Agency; (b) the supervision and discipline of other staff (k) carry out research on investments, exports of the Agency; and other related activities; (c) the arrangement of the business and the (I) support the development of sector associa- recording and keeping of minutes of the tions; meetings of the Board; (d) the execution of the policies of the Board; (m) at the beginning of every financial year, submit to the Board, a work plan and budget (e) performing such other duties as may be for that financial year which shall set out the determined by the Board. activities, resource requirements and expected outcomes of the activities;

14. (1) The Chief Executive Officer shall be assisted by two Deputy Chief Deputy Chief Executive Officers, one of whom shall be in charge of Executive Officers. (n) perform such other functions as are incidental investment promotion and the other in charge of export promotion. or conducive to the attainment of the object stated in subsection (1). (2) The Deputy Chief Executive Officers shall have formal qualification and experience in investment promotion and export Agency not 12. Except otherwise provided in this Act, the Agency, in the development as the case may be. subject to any performance of its functions under this Act or any other enactment direction. shall not be subject to the direction or control of any person or (3) The Deputy Chief Executive Officers shall be authority. appointed by the Board on such terms and conditions as the Board may determine. Chief Exe- 13. (1) The Agency shall have a Chief Executive Officer who cutive officer. shall be appointed by the Board and approved by the Minister. 15. (1) In addition to the Deputy Chief Executive Officers, the Other staff of Board shall appoint such other staff as are required for the efficient Agency. (2) The Chief Executive Officer shall be a person with– performance of the functions of the Agency. 10 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 No. 3 Sierra Leone Investment and Export Promotion Agency Act 2007 11 (2) The Board may delegate to the Chief Executive Officer PART IV –MISCELLANOUS power of appointment of such grade or category of staff as the Board may determine. 20. (1) The Chief Executive Officer, within three months after Annual report of Agency. the end of the financial year, shall submit for the approval of the Establishment 16. (1) The Agency shall, when funds become available, of offices in Board an annual report of the activities, operations, property and the provinces. establish offices in each provincial headquarters to be headed by finances of the Agency for that year. senior officers of the Agency designated by the Chief Executive Officer. (2) Subject to subsection (1), the annual report shall (2) The Chief Executive Officer shall ensure that there is include a copy of the audited accounts of the Agency together with co-ordination between the provincial offices and the national office. the audit report on the accounts. Funding of 17. The activities of the Agency shall be financed by a fund Agency. consisting of– (3) A copy of the annual report approved by the Board (a) moneys appropriated by Parliament for the shall be submitted to the Minister not later than six months after the purposes of the Agency; and year to which it relates, and the Minister shall, as soon as possible, but not later than one month after receipt of the report lay it before (b) gifts, grants or donations from any person, Parliament. body or organization made for the purposes of the Agency.

21. The Investment Promotion Act, 2004 is amended by the Amendement of Act No. 10 Accounts and 18. (1) The Agency shall keep proper books of account and audit. substitution for “SLEDIC” wherever it appears in that Act of “Sierra of 2004. proper records in relation to them in a form approved by the Auditor- Leone Investment and Export Promotion Agency”. General. (2) The books of account shall, within three months after 22. The Board may, by statutory instrument make regulations Regulations. the end of each financial year be audited by the Auditor-General or for giving effect to this Act. an auditor appointed by him.

23. The Sierra Leone Export Development and Investment Repeal. Financial year 19. The financial year of the Agency shall be the same as the Act No. 23 of Agency. Corporation Act, 1993 is hereby repealed. financial year of the Government. of 1993.