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Section 6: Approval needed for foreign agents performing government functions

6.Exercise of functions and services for which Government is responsible

(1) The functions and services specified in the Sixth Schedule to the Constitution shall be the responsibility of the Government in accordance with Article 189 of the Constitution.

(2)An agent of a foreigner shall not exercise any of the functions specified in the Sixth Schedule to the Constitution, except with the approval of the relevant Government agency assigned the mandate to exercise such functions.

(3)The relevant Government agency referred to in subsection (2) shall not approve an agent of a foreigner to exercise its mandate without the approval of Cabinet.

(4)An agent of a foreigner who knowingly performs the functions or offers services for which the Government is responsible without the approval of the relevant Government agency, commits an offence and is liable, on conviction—

(a)in the case of a legal entity, to a fine not exceeding one hundred thousand currency points; and

(b)in the case of an individual, to a fine not exceeding fifty thousand currency points or imprisonment for a term not exceeding ten years, or both.

(5) This section shall not apply to an agent of a foreigner who has been granted a licence, permit or other authorisation from a Government licensing or regulatory body to offer services for which the Government is responsible.

(6)The Minister may, by regulations, prescribe the procedure and requirements for obtaining the approval referred to under this section.

Plain English Summary

You must obtain approval from the relevant government agency and Cabinet before performing any functions listed in the Sixth Schedule to the Constitut...

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