Memorandum of Understanding between the UK and Kenya
Published 23 December 2020
© Crown copyright 2020
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MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE REPUBLIC OF KENYA CONCERNING THE ARRANGEMENTS FOR APPLYING THE EFFECTS OF THE ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE REPUBLIC OF KENYA, A MEMBER OF THE EAST AFRICAN COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART
The United Kingdom of Great Britain and Northern Ireland (“the United Kingdom” or “UK”) and the Republic of Kenya (“Kenya”) (together, hereinafter referred to as “the Participants”),
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Recognising that the Participants signed on 8 December 2020 in London an Economic Partnership Agreement between the Republic of Kenya, a Member of the East African Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (“the Kenya-UK EPA”),
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Recognising that the necessary domestic procedures required for the Kenya-UK EPA to enter into effect will not have been completed by 31 December 2020, 11pm (GMT),
Have reached the following understandings:
Section 1: Treatment of the Kenya-UK EPA
The Participants have decided to treat the provisions of the signed Kenya-UK EPA as having effect as between them for the period between 31 December 2020, 11pm (GMT) and the entry into effect of the Kenya-UK EPA.
Section 2: Entry into effect of the Kenya-UK EPA
The Participants will use their best endeavours to bring the Kenya-UK EPA into effect as between them within 3 months of this Memorandum coming into effect.
The Participants accept that, following the Kenya-UK EPA entering into effect, any action carried out pursuant to this Memorandum will be understood to have been carried out pursuant to the Kenya-UK EPA.
Section 3: Amendment
This Memorandum may be amended at any time by the mutual written consent of the Participants.
Section 4: Termination
This Memorandum may be terminated as between the UK and Kenya by one of them giving one month’s written notice to the other, or such shorter period as the Participants may decide. In any event, this Memorandum will terminate without any further notice on the date of the EPA entering into effect or 3 months upon this Memorandum coming into effect, whichever comes earlier.
The Participants will consult to determine how any outstanding matters should be dealt with.
Section 5: Disputes
The Participants will consult at the request of either of the Participants identifying a concern about the interpretation or application of this Memorandum and endeavour to resolve the matter amicably between themselves. The Participants accept that they will not seek recourse to any national or international tribunal or any third party for settlement of such matters.
Section 6: Effective date
This Memorandum will come into effect on 31 December 2020, 11pm (GMT). The foregoing represents the understandings reached between the Participants on the matters referred to in this Memorandum.