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Agreement
between
the Government of the Kingdom of
Cambodia
and
the Government of the Federal
Republic of Germany
concerning
Financial Cooperation
in 2007
The Government of the Kingdom of Cambodia
and
the Government of the Federal Republic of Germany,
in the spirit of the friendly
relations existing between the Federal Republic of Germany and the Kingdom of
Cambodia,
desiring to strengthen and
intensify those friendly relations through financial cooperation in a spirit of
partnership,
aware that the maintenance of
those relations constitutes the basis of this Agreement,
intending to contribute to
social and economic development in the Kingdom of Cambodia,
referring to the Summary
Record of the 2007 intergovernmental negotiations in Bonn of 17 October 2007,
have agreed as follows:
Article 1
(1) The
Government of the Federal Republic of Germany shall enable the Government of the
Kingdom of Cambodia to obtain from the Kreditanstalt für Wiederaufbau
Reconstruction Loan Corporation (KfW), Frankfurt am Main, financial
contributions totaling EUR 18,000,000 (eighteen million euro) for the following
projects:
1.
Reproductive Health III up to EUR 5,000,000 (five million euro),
2. Joint Program on Social Health Financing
up to EUR 2,500,000 (two million five hundred thousand
euro),
3.
Rural Electrification Program II (REP II) up to EUR 4,000,000 (four million
euro),
4.
Rural Infrastructure Program Siem Reap and Kampong Thom (TRIP V) up to EUR
6,500,000 (six million five hundred thousand euro),
if on
examination they have been found eligible for promotion.
(2) The projects specified in
paragraph (1) above may be replaced by other projects provided the Government of
the Federal Republic of Germany and the Government of the Kingdom of Cambodia so
agree.
(3) This Agreement shall also
apply if, at a later date, the Government of the Federal Republic of Germany
enables the Government of the Kingdom of Cambodia to obtain from the KfW
financial contributions for the preparation of the projects specified in
paragraph (1) above or for attendant measures necessary to implement and support
the
projects specified In paragraph (1) above.
Article 2
(1) The utilization of the amounts specified in Article 1 of this Agreement and
the terms and conditions on which they are made available as well as the
procedure for awarding contracts shall be governed by agreements to be concluded
between the KfW and the recipients of the financial contributions, which shall
be subject to the laws and regulations applicable In the Federal Republic of
Germany.
(2) The commitment to grant the amounts specified in Article 1 (1) 1 to 4 of
this Agreement shall lapse if the relevant financing agreements are not
concluded within a period of eight years after the year in which the commitment
was made. For the specified amounts the deadline shall be 31 December 2015.
(3) The Government of the Kingdom of Cambodia,
where it is not itself the recipient of the financial contributions, shall
guarantee any repayment due to the KfW under the financing agreements to be
concluded pursuant to paragraph (1) above.
Article 3
The Government of the Kingdom of Cambodia shall exempt the KfW from all taxes
and other public charges levied in the Kingdom of Cambodia in connection with
the conclusion and implementation of the agreements referred to in Article 2 (1)
of this Agreement.
Article 4
The Government of the Kingdom of Cambodia shall allow passengers and suppliers
free choice of transport enterprises for such transportation by sea or air of
persons and goods as results from the granting of the financial contributions,
abstain from taking any measures that might exclude or impair the participation
on equal terms of transport enterprises having their place of business in the
Federal Republic of Germany and grant any necessary permits for the
participation of such enterprises.
Article 5
This Agreement shall enter into force on the date of signature thereof.
Done at Phnom Penh on 13th August 2008 in duplicate in the German,
Cambodian and English languages, all three texts being authentic. In case of
divergent interpretations of the German and Cambodian texts, the English text
shall prevail.
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For the Government of
the
Kingdom of Cambodia |
For the Government of
the
Federal Republic of
Germany |
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