Presidential Order determining Guidelines for the Management of Contracts entered into by a Leader before Assuming Public Office


Rwanda

Presidential Order determining Guidelines for the Management of Contracts entered into by a Leader before Assuming Public Office

Presidential Order 78 of 2015

We, KAGAME Paul,President of the Republic;Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 112, 113, 121 and 201;Pursuant to Organic Law n° 61/2008 of 10/09/2008 on the leadership code of conduct as modified and complemented to date, especially in Article 13 bis;Upon proposal by the Minister in the Office of the President;After consideration and adoption by the Cabinet, in its session of 14/04/2015;HAVE ORDERED AND HEREBY ORDER:

Article One – Purpose of this Order

This Order determines the guidelines followed in the management of contracts entered into by a leader before assuming public office.

Article 2 – Declaration of contract

A person who is appointed as a leader shall notify in writing the Office of the Ombudsman all existing contracts concluded with a foreign country, an international organization, an international non-government Organization or a Multinational Corporation within a period of thirty (30) days from the date of assuming his/her office.

Article 3 – Requirements for declaration

A contract declaration letter shall be accompanied by the following documents:a copy of the contract;payment receipts;payment terms;copies of the statements specifying the object matter of the contract and its location if it is immovable.

Article 4 – Reception of contract

The Office of the Ombudsman shall receive files of contracts concluded between senior officials and foreign countries, international organizations, international non-governmental organizations or multinational corporations for analysis and give a response within thirty (30) days from the date of reception of the files.

Article 5 – Management of a contract entered into with a foreign country or an international organization that has diplomatic relations with Rwanda

If a leader has signed a contract with a foreign country or an international organization that has diplomatic relations with Rwanda, the Office of the Ombudsman shall determine the period within which that contract must be terminated considering the period provided under the organic law on the leadership code of conduct.

Article 6 – Management of a contract entered into with a foreign country or an international organization or an international non-government organization that has no diplomatic relations with Rwanda

If the contract is signed between a foreign country, an international organization, an international non-governmental organization or multinational corporation that has no diplomatic relations with Rwanda, the Office of the Ombudsman shall as certain whether that contract doesn't conflict with public interest.If the interests granted to the leader are in conflict with public interest, the Office of the Ombudsman shall determine the period within which that contract must be terminated considering the period provided under the organic law on the leadership code of conduct.

Article 7 – Management of a contract an appointed leader entered into with public entity

If a person is appointed as a leader after entering into a contract with public entity, the Office of the Ombudsman shall determine the period within which that contract must be terminated considering the nature of the contract and the period provided under the organic law on the leadership code of conduct.

Article 8 – Sanctions

A leader who contravenes provisions of this Order shall be punishable in accordance with relevant laws.

Article 9 – Authorities responsible for the implementation of this Order

The Prime Minister and the Minister in the Office of the President are entrusted with the implementation of this Order

Article 10 – Repealing provision

All prior provisions contrary to this Order are hereby repealed.

Article 11 – Commencement

This Order shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

12 October 2015 this version
30 September 2015
Assented to