(d) geographical proximity to and inter-dependence between it and the Partner States; (e) establishment and maintenance of a market driven economy; and (f) social and economic policies being compatible with those of the Community. 4. The conditions and other considerations that shall govern the membership or association of a foreign country with the Community or its participation in any of the activities of the Community shall be as those prescribed in this Article. 5. The granting of observer status with respect to the Community shall: (a) in case of a foreign country, be the prerogative of the Summit; and (b) in case of an inter-governmental organization or civil society organisation, be the prerogative of the Council. 6. The procedure to be followed with respect to the foregoing provisions of this Article shall be prescribed by the Council. ARTICLE 4 Legal Capacity of the Community 1. The Community shall have the capacity, within each of the Partner States, of a body corporate with perpetual succession, and shall have power to acquire, hold, manage and dispose of land and other property, and to sue and be sued in its own name. 2. The Community shall have power to perform any of the functions conferred upon it by this Treaty and to do all things, including borrowing, that are necessary or desirable for the performance of those functions. 3. The Community shall, as a body corporate, be represented by the Secretary General. 11