Basic Agreement between the Government of the Kingdom of Cambodia and the Government of the Federal Republic of Germany on the secondment of development workers of the German Development Service
the Government of the Kingdom
of Cambodia desiring to intensify the friendly relations existing between the two states and peoples, intending to regulate the participation of the development workers of the German Development Service in specific development projects in Cambodia, have agreed as follows: Article 1
Article 2 Before their arrival in Cambodia the development workers shall be suitably prepared by the German Development Service. After their arrival in Cambodia they shall attend an introductory course to be specially organized for them. Article 3 The German Development Service shall, after consultations with and at the request of the Government of the Kingdom of Cambodia, second a resident coordinator of the German Development Service to Cambodia. (2) The resident coordinator shall be the permanent representative of the German Development Service in Cambodia. (3) The resident coordinator shall in particular
b) examine proposals for cooperation projects; C) ensure that the development workers receive the advice, assistance and supplies they need to perform their tasks; Article 4
Article 5 The Government of the Kingdom of Cambodia shall permit the development workers, the resident coordinator and his/her deputies, as well as members of their families, to enter or leave the country at any time, free of charge and without hindrance, and grant them the necessary work and residence permits. Article 6 The Government of the Kingdom of Cambodia shall issue to the development workers. the resident coordinator and his/her deputies documents of identification as required for the performance of their tasks.Article 7 The Government of the Kingdom of Cambodia shall assume liability in place of the development workers in respect of any damage to third parties caused by them in carrying out a task assigned to them in accordance with this Agreement. Any claim against the development workers shall to that extent be precluded. (2) The Government of the Kingdom of Cambodia may not assert any claim for compensation against the development workers. irrespective of any legal foundation of such claim, unless they have caused the damage wilfully or through gross negligence.(3) The Government of the Federal Republic of Germany shall give the Government of the Kingdom of Cambodia any information and other assistance it may require in dealing with a case under this article. Article 8 The Government of the Kingdom of Cambodia shall exempt the development workers, the resident coordinator and his/her deputies from all direct taxes and similar charges as well as social security contributions on payments made to them by the German side for their work under this Agreement.Article 9 , shall be free of import and export duties and other charges. (2) Except for foodstuffs and beverages, the personal effects including furniture and fittings, as well as items intended for the personal use of the resident coordinator and any other full-time staff seconded by the German Development Service, shall be free of import and export duties and other charges. (3) Such items and materials must be imported in connection with their owner's entry into the country. This condition shall be deemed by the customs authorities to be fulfilled if the interval between the entry of the owner and the arrival of the items and materials does not exceed six months.(4) The resident coordinator and other full-time staff seconded by the German Development Service will further be exempt from paying import and export duties and other charges for replacement items if the items imported in accordance with paragraph 2 above have become unusable or have been lost. A report on such lost or unusable items shall be conveyed to the Ministry of Foreign Affairs and International Cooperation.(5) The development workers, the resident coordinator and his/her deputies as well as other full-time staff shall be exempt from paying import and export duties and other charges for one motor vehicle for each person, provided they are employed for a reasonable period of time. Article 10
(2) The Government of the Kingdom of Cambodia shall definitively exempt the said items from customs duties and other charges if they are transferred to the Government of the Kingdom of Cambodia free of charge or are re-exported. If the German Development Service sells the items, they shall be subject to customs duty on the basis of their current value. Article 11 This Agreement shall enter into force on the date of signature thereof. (2) This Agreement may be denounced in writing by either Contracting Party at any time subject to three months' previous notice. Such period shall commence on the date on which notice of termination is received by the other Contracting Party. (3) After the expiry of this Agreement, its provisions shall continue to apply to development projects which have already started.
Done at Phnom Penh on 21st June 2000
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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