|
Agreement
The Royal Government of Cambodia in the spirit of the friendly relations existing between the Kingdom of Cambodia and the Federal Republic of Germany, 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 2013 intergovernmental negotiations held in Phnom Penh dated 4 December 2013 and in pursuance of the Agreements of 6 May 1994, 14 June 2007, 14 December 2010, 9 August 2012 and 20 May 2013, have agreed as follows: Article 1 (1) In pursuance of the Agreement of 6 May 1994 between the Royal Government of Cambodia and the Government of the Federal Republic of Germany regarding Technical Cooperation, the following projects shall be supported:
if on examination these projects have been found eligible for support. (2) For the projects specified in paragraph (1) above the Government of the Federal Republic of Germany shall make available at its own expense contributions totalling 24,050,000 euros (twenty-four million fifty thousand euros) in the form of personnel, inputs and, where appropriate, financial contributions. It shall charge the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH with the implementation of the projects specified in paragraph (1) above. (3) The Royal Government of Cambodia shall guarantee that each project is provided with an itemised budget of its own in order to ensure its smooth implementation and shall ensure that the institutions charged with implementation provide the necessary contributions for the projects specified in paragraph (1) above. (4) The projects specified in paragraph (1), 1 to 8 above may be replaced by other projects provided the Government of the Federal Republic of Germany and the Royal Government 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 this Agreement are not concluded within a period of seven 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 2020. If, in the given period, implementation and 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 this 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 institutions charged or to be charged under Article 1 (2) and (3) of this 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 Royal Government of Cambodia shall exempt the materials, motor vehicles, goods, items of equipment and spare parts 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 and delivery fees, and shall ensure that these inputs are cleared by customs without delay. (2) The Royal Government of Cambodia shall exempt GIZ from all taxes and other public charges levied in the Kingdom of Cambodia in connection with the conclusion and fulfilment of the implementation and financing agreements referred to in Article 2 of the present Agreement. Article 4 (1) An amount of 101,038.37 euros (one hundred and one thousand and thirtyeight euros and thirty-seven cents) envisaged for the project Support to the Health Sector Reform in Article 1 (1) 5 of the Agreement of 14 June 2007 regarding Technical Cooperation in 2005 shall be reprogrammed. (2) An amount of 74,049.87 euros (seventy-four thousand and forty-nine euros and eighty-seven cents) envisaged for the project Support to Gender Equity and Womens’ Rights in Article 1 (1) 6 of the Agreement of 14 June 2007 regarding Technical Cooperation in 2005 shall be reprogrammed. (3) An amount of 21,412.21 euros (twenty-one thousand four hundred and twelve euros and twenty-one cents) envisaged for the project Targeting – Identification of Poor Households in Article 1 (1) 3 of the Agreement of 14 June 2007 regarding Technical Cooperation in 2005 shall be reprogrammed. (4) The amount of reprogrammed funds specified totalling 196,500.45 euros (one hundred and ninety-six thousand five hundred euros and forty-five cents) shall be used additionally for the project Access to Justice for Women referred to in Article 1 (1) 4 of the Agreement of 14 December 2010 regarding Technical Cooperation in 2009. In accordance with Article 1 (5) of the Agreement of 14 June 2007 regarding Technical Cooperation in 2005, this commitment shall lapse if the necessary implementation and financing agreements are not concluded by 31 December 2013. Article 5 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 6 This Agreement shall enter into force on the date of signature thereof.
Done at Phnom Penh on 23 July 2014 in the Cambodian, German and English languages, all three texts being authentic. In case of divergent interpretations of the Cambodian and German texts, the English text shall prevail.
|
