Uganda Export Promotion Board Act

This section provides definitions for "board", "board of directors", "chairperson", "financial year", and "Minister".

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 81
Version: Undated source snapshot
Language: en

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

This section provides definitions for "board", "board of directors", "chairperson", "financial year", and "Minister". The board of directors must hold meetings at times and places the chairperson may appoint and at least once every three months; the chairperson must convene a meeting within fourteen days if at least five members request it in writing; six members form a quorum; questions are decided by majority of members present and voting; members with pecuniary interests must disclose them at meetings; the board may make procedural rules by resolution. Establishes the Uganda Export Promotion Board and states that the board is a body corporate with perpetual succession and a common seal; the board may sue or be sued, may borrow money and deal with property, and may perform other lawful corporate acts. The board must have a common seal; the executive director must keep the seal in their custody; if the chairperson is absent, two other board members must sign for the chairperson. The board must facilitate the development, promotion and coordination of export-related activities to achieve sustainable export growth.

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Provisions of Uganda Export Promotion Board Act

Showing 16 of 16

Part I

Interpretation

1
Interpretation - Interpretation

This section provides definitions for "board", "board of directors", "chairperson", "financial year", and "Minister".

Section Interpretation Section In this Act, unless the context otherwise requires— " board " means the Uganda Export Promotion Board established under section 2 ; " board of directors " means the board of directors established under section 7 ; " chairperson " means the chairperson of the board of directors ; " financial year " means in respect of any accounting period a period of twelve months starting the 1st January and ending the 31st December; " Minister " means the Minister responsible for trade.

Part II

Establishment, functions and membership of the board

10
Establishment, functions and membership of the board - Meetings of the board of directors

The board of directors must hold meetings at times and places the chairperson may appoint and at least once every three months; the chairperson must convene a meeting within fourteen days if at least five members request it in writing; six members form a quorum; questions are decided by majority of members present and voting; members with pecuniary interests must disclose them at meetings; the board may make procedural rules by resolution.

Section Meetings of the board of directors Section Meetings of the board of directors shall be held at any time and place as the chairperson may from time to time appoint and shall be held at least once in every three months. The chairperson shall if requested by notice in writing signed by at least five members of the board of directors convene a meeting of the board within fourteen days of receipt of that notice. Six members of the board of directors shall form a quorum. Every question arising at any meeting of the board of directors shall be decided by a majority of votes of the members present and voting. If a member has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter and is present at a meeting of the board of directors at which the contract or other matter is a subject of consideration, he or she shall, as soon as practicable after the commencement of the meeting, disclose to the board the fact and nature of his or her interest. Subject to this Act, the board of directors may by resolution make rules for the procedure and conduct of its meetings.
2
Establishment, functions and membership of the board - Establishment of the Uganda Export Promotion Board

Establishes the Uganda Export Promotion Board and states that the board is a body corporate with perpetual succession and a common seal; the board may sue or be sued, may borrow money and deal with property, and may perform other lawful corporate acts.

Section Establishment of the Uganda Export Promotion Board Section There is established a board to be known as the Uganda Export Promotion Board. The board shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. The board may borrow money and acquire, hold or dispose of any property, movable or immovable. The board may do all such other things as a body corporate may lawfully do.
3
Establishment, functions and membership of the board - Seal of the board

The board must have a common seal; the executive director must keep the seal in their custody; if the chairperson is absent, two other board members must sign for the chairperson.

Section Seal of the board Section The fixing of the seal to any document shall— The board shall have a common seal which shall be kept in the custody of the executive director. be authorised or ratified by resolution of the board ; be authenticated by the signatures of the chairperson and the executive director; or in the absence of the chairperson , two other members of the board shall sign for the chairperson . Any document purporting to be duly executed under the seal of the board shall be received in evidence in any court proceedings and shall, until the contrary is proved, be presumed to be a document so executed.
4
Establishment, functions and membership of the board - Objectives of the board

The board must facilitate the development, promotion and coordination of export-related activities to achieve sustainable export growth.

Section Objectives of the board Section The objectives of the board shall be to facilitate the development, promotion and coordination of all export-related activities that lead to export growth on a sustainable basis.
5
Establishment, functions and membership of the board - Functions of the board

The board must provide trade and market information services and related export-promotion, promotional services, and customised advisory services.

Section Functions of the board Section The functions of the board shall be— to provide trade and market information services, including— to promote the development of export, including— to provide trade promotional services, including— to provide customised advisory services in various areas, including— details of tariffs for all markets by product category; general market entry information; lists of importers by country and product category; price data from major price determining centres; analyses of market trends for products exported by Uganda; information on import and export procedures and documentation requirements by Uganda’s trading partners; data tracking on trade flows by product and by importing and exporting country; dissemination of market information; provision of hands-on technical advice in production and postharvest handling of exports; test marketing new export commodities and products; organising participation in relevant regional and international trade fairs for both public and private sector participants; maintaining up-to-date information on all trade fairs of interest to Uganda; organising trade missions to target countries; and organising inward buyer missions to link up with Ugandan suppliers; basic business skills; export distribution channels; basic elements of foreign trade practice; briefing on target markets by product, with detailed documentation regarding standards and quality requirements, pricing spreads and margins and tariff classification; details of preferences given to Uganda products by country; technical evaluation of a company’s readiness to export; technical advice on export agreements; and advice on how to secure preshipment credit and other short-term medium export credits; to formulate and recommend to the Government export plans, policies and strategies designed to provide efficient, adequate and coordinated measures for promotion of Uganda exports.
6
Establishment, functions and membership of the board - General powers of the board

The board may do anything calculated to help it carry out its functions, including acquiring and disposing of property, establishing offices, entering contracts, organising trade missions, publishing materials, appointing committees, borrowing money (subject to the Minister's prior approval), charging for services, and granting pensions.

Section General powers of the board Section The board may do all those things as are calculated to facilitate, or are incidental or conducive to, the better carrying out of its functions and may, in particular, but without prejudice to the generality of the foregoing— acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of that property; establish and maintain offices both in Uganda and overseas; enter into any contract; organise and receive trade missions from other countries; publish periodicals, booklets and other written material and produce or sponsor the production of documentary files and other audiovisual materials; appoint a committee for any general or special purpose as in the opinion of the board would be better regulated and managed by means of a committee; borrow or otherwise raise money on any security as may be necessary, and for that purpose, charge all or any part of the property of the board subject to the prior approval of the Minister ; charge for the use of any facility or service provided by the board ; grant pensions, gratuities or retiring allowances to employees of the board and require them to contribute to any pension, provident fund or superannuation scheme.
7
Establishment, functions and membership of the board - Establishment and membership of the board of directors

There shall be a board of directors composed of listed representatives, chaired by a private‑sector chairperson appointed by the Minister.

Section Establishment and membership of the board of directors Section There shall be a board of directors of the board which shall consist of— A member of the board of directors shall vacate office— by removal from office by the Minister — the chairperson of the board of directors ; one representative of the Ministry responsible for trade; one representative of the Ministry responsible for finance; one representative of the Ministry responsible for agriculture; one representative of the Ministry responsible for foreign affairs; one representative of the Uganda Manufacturers Association; one representative of a national association of farmers; two representatives of exporters associations; one representative of the National Chamber of Commerce; the executive director of the Uganda Investment Authority; and the executive director of the Uganda Export Promotion Board. The chairperson of the board of directors who shall be from the private sector shall be appointed by the Minister . The members of the board of directors referred to in subsection (1)(b) to (i) shall be appointed by the Minister upon the recommendation of the Ministries or bodies they represent. The chairperson and other members of the board of directors shall hold office for a term of three years and shall be eligible for reappointment. by resignation; or on written recommendation of the body or Ministry represented by that member; or for inability to perform the functions of his or her office arising from infirmity of body or mind or from any other cause. If any member of the board of directors dies, resigns, is removed from office or for any other reason ceases to hold office before the expiration of the term for which he or she was appointed, the Minister may appoint another person to take the place of that member in accordance with subsection (3); and the person so appointed shall hold office until the expiration of the term of office of the member in whose place he or she was appointed.
8
Establishment, functions and membership of the board - Functions of the board of directors

The board of directors must carry out several responsibilities including overseeing policy implementation, approving budgets and reports, monitoring performance, setting financial and personnel procedures, and appointing senior staff.

Section Functions of the board of directors Section The board of directors shall be responsible for— overseeing the implementation of the board ’s policies and programmes; approving the annual budget and action plans of the board ; monitoring and evaluating the performance of the board against budget and plans; approving the annual reports and accounts of the board ; establishing and approving rules and procedures for proper financial management and accountability; establishing and approving rules and procedures for appointments, discipline, termination of services and general personnel matters; and making or approving senior staff appointments.
9
Establishment, functions and membership of the board - Chairperson to preside at meetings

The chairperson (or a person appointed under subsection (2)) must preside at board meetings; if the chairperson is absent, the members present must appoint someone from among themselves to preside before any other business.

Section Chairperson to preside at meetings Section The chairperson or the person appointed under subsection (2) shall preside at any meeting of the board of directors . In the absence of the chairperson from any meeting of the board of directors , the members present at the meeting shall, before any other business is transacted at that meeting, appoint a person from among the members present to preside.

Part III

Staff

11
Staff - Executive director

Section Executive director Section The executive director shall be— The board of directors may, from time to time, and on such terms and conditions as it thinks fit— There shall be an executive director to the board who shall be a

Section Executive director Section The executive director shall be— The board of directors may, from time to time, and on such terms and conditions as it thinks fit— There shall be an executive director to the board who shall be a full-time employee and who shall be responsible for the execution of the policies of the board . The executive director shall be appointed by the board on such terms and conditions as the board may determine. a member of the board of directors ; responsible for the day-to-day operations of the board ; responsible for the management of the funds, property and business of the board ; responsible for the administration, organisation and control of the staff of the board ; responsible for keeping the board informed of the progress of the business of the board . appoint heads of departments; appoint any other officers and employees as may be necessary for the proper and efficient discharge of its functions. No matter or thing done by an officer or employee of the board shall, if it is done bona fide for the purposes of executing any provision of this Act, subject that officer, employee or any other person acting under his or her direction to any civil liability.

Part IV

Financial provisions and reports

12
Financial provisions and reports - Funds of the board

Sets what makes up the board's funds (including a levy up to 0.5% on designated imports, parliamentary appropriations, fees, borrowed money and other monies) and allows the board to operate its own bank accounts in domestic and foreign currencies.

Section Funds of the board Section The funds of the board shall consist of— a levy of not more than 0.5 percent on designated imports; funds as may be from time to time appropriated by Parliament; fees and other monies paid for goods or services provided by the board ; money borrowed by the board for the performance of its functions; other monies received by or made available to the board for purposes of performing its functions. The board may operate its own bank accounts, in both domestic and foreign currencies.
13
Financial provisions and reports - Estimates

The executive director must prepare and submit annual estimates to the board at least three months before year-end; the board must submit those estimates to the Minister; and the Minister must consider them (with the finance Minister) and notify the board within one month.

Section Estimates Section The executive director shall, within not less than three months before the end of each financial year , prepare and submit to the board of directors for its approval estimates of income and expenditure of the board for the next ensuing year and may, at any time before the end of a financial year , prepare and submit to the board of directors for its approval estimates supplementary to the estimates of a current year. The board shall submit the estimates made under subsection (1) to the Minister for his or her approval; and the Minister shall, in consultation with the Minister responsible for finance, consider the estimates and notify the board of his or her decision on the estimates within one month from the date of submission of the estimates by the board . No expenditure shall be made out of the funds of the board unless that expenditure is part of the expenditure approved by the board of directors under the estimates for the financial year in which the expenditure is to be made or in estimates supplementary to it. Where in any year, the funds collected from the levy exceed the budgeted amount, the funds in excess of the budgeted amount shall be paid into the Consolidated Fund.
14
Financial provisions and reports - Reports, accounts and audit

The board must prepare annual accounts and reports, submit an annual report to the Minister within six months of the financial year end, submit accounts and the annual report to the Auditor General within three months, keep proper accounts and records, have the accounts audited by the Auditor General who must report within two months, and the Minister must lay the report and auditor's opinion before Parliament within six months.

Section Reports, accounts and audit Section The board shall, within six months after the end of each financial year , submit to the Minister an annual report in respect of that year containing— The board shall, within three months after each financial year , submit to the Auditor General— The board shall keep proper accounts and records of its transactions and affairs and shall ensure that all monies received are properly brought to account, all payments out of its funds are correctly made and properly authorised and that adequate control is maintained over its property and over the incurring of liabilities by the board . The annual accounts of the board shall be audited by the Auditor General. financial statements; its general performance during the year and any other information relating to that performance; a report on the operations of the board ; and other information as the board of directors may determine. the accounts of the board for that financial year ; and the annual report referred to in subsection (3), and the Auditor General shall audit the accounts of the board and, within two months of the receipt of the accounts and annual report, submit his or her opinion to the Minister and to the board . The Minister shall cause a copy of the annual report, together with a copy of the opinion of the Auditor General, to be laid before Parliament within six months of receipt of them.
15
Financial provisions and reports - Assets and liabilities

Assets and liabilities that were held by the Uganda Export Promotion Council under the previous Act are, after commencement of this Act, vested in the board.

Section Assets and liabilities Section All assets and liabilities which were held by the Uganda Export Promotion Council under the Act then in force shall, after the commencement of this Act, be vested in the board .

Part V

Regulations

16
Regulations - Regulations

The Minister may make regulations, after consultation with the board, to carry the provisions of the Act into effect.

Section Regulations Section The Minister may, after consultation with the board , make regulations for better carrying into effect the provisions of this Act.

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