Agreement

between

the Government of the Kingdom of Cambodia

and

the Government of the Federal Republic of Germany

regarding Technical Cooperation

in 2003

 

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 Technical 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 intergovernmental negotiations of 15 October 2003,

 

have agreed as follows:

Article I

(1) In pursuance of the Agreement of 6 May 1994 between the Government of the Federal Republic of Germany and the Government of the Kingdom of Cambodia regarding Technical Cooperation, the following projects shall be promoted:

  1. Implementation of the National Action Plan against Domestic Violence,

  2. Assistance for Re-establishing a System of Cadastration, Phase III,

  3. Introduction of a Pilot Health Insurance Scheme,

  4. Community Based Rural Development Project Kampot and Kampong Thom, Phase II,

  5. Decentralization and Deconcentration, Phase II,

  6. Development of a Market Economy,

  7. Local Social Land Concession Programme (Programme of Action 2015),

  8. Trade Promotion,

if on examination they have been found eligible for promotion.

(2) For the projects specified in paragraph I above the Government of the Federal Republic of Germany shall make available at its own expense contributions totalling EUR 14,750,000 (fourteen million seven hundred and fifty thousand euro) in the form of personnel, inputs and, where appropriate, financial contributions. It shall charge the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) with the implementation of the projects specified in paragraph 1 (1) to (8) above.

(3) The Government of the Kingdom of Cambodia shall guarantee that each project is provided with an itemized budget of its own in order to ensure its smooth implementation and shall ensure that the institutions it will charge with implementation provide the necessary contributions for the projects specified in paragraph 1 above.

(4) The projects specified in paragraph 1 (1) to (6) 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.

(5) The commitments for the projects specified in paragraph 1 (1) to (8) above and for the Technical Cooperation sum specified in paragraph 2 above shall lapse without replacement if the implementation and financing agreements referred to in Article 2 of the present Agreement are not concluded within a period of eight years after the year in which the commitments were made. For the commitments made this year, without prejudice to the provisions of paragraph 4 above, this deadline shall be 31 December 2011. If, in the given period, implementation and, where appropriate, financing agreements are concluded for a part of the commitments only, this cancellation clause shall apply solely to the amounts not covered by those agreements.

Article 2

Details of the projects specified in Article 1 (1) of the present Agreement and of the contributions and obligations shall be laid down in individual implementation agreements and, where appropriate, financing agreements, to be concluded between the implementing institutions charged or to be charged under Article 1 (2) and (3) of the present Agreement with the implementation of the projects. These implementation and financing agreements shall be subject to the laws and regulations applicable in the Federal Republic of Germany.

Article 3

(1) The Government of the Kingdom of Cambodia shall exempt the inputs supplied for the projects referred to in Article 1 (1) of this Agreement on behalf and at the expense of the Government of the Federal Republic of Germany from licences, customs duties, harbour dues, import and export duties and other public charges as well as storage fees, and shall ensure that these inputs are cleared by customs without delay; this shall also apply to the exportation of any items that pursuant to the implementation or financing agreements referred to in Article 2 of this Agreement remain the property of the Government of the Federal Republic of Germany; the aforementioned exemptions shall at the request of the implementing agency also apply to inputs procured in the Kingdom of Cambodia.

(2) The Government of the Kingdom of Cambodia shall exempt the GTZ 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 of this Agreement.

Article 4

In all other respects the provisions of the Agreement of 6 May 1994 regarding Technical Cooperation referred to in Article 1 (1) above shall apply to the present Agreement.

Article 5

This Agreement shall enter into force on the date of signature thereof.

 

Done at Phnom Penh on                                     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.

For the Government of the
Kingdom of Cambodia
For the Government of the
Federal Republic of Germany

 


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