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Development Assistance Agreement between the Government of Canada and the Government of the Republic of Afghanistan [1977] CATSer 14 (5 July 1977)

E101125 - CTS 1977 No. 20

DEVELOPMENT ASSISTANCE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF AFGHANISTAN

The Government of Canada and the Government of the Republic of Afghanistan hereinafter called the "Government of Afghanistan",

WISHING to strengthen the existing cordial relations between the two states and their people, and moved by the desire to develop a program of development assistance between the two countries in conformity with the objectives of social and economic development in Afghanistan,

Have agreed to the following:

ARTICLE I

The program of development co-operation may provide for:

(1) Scholarships and training awards for citizens of Afghanistan in Canada, Afghanistan, or a third country;

(2) Canadian personnel (experts, instructors and technicians) to provide services in Afghanistan through individuals, institutions or firms, contracted by the Government of Canada;

(3) The equipment, material and services needed for the successful execution of projects of social, economic and technical co-operation in Afghanistan;

(4) Studies and projects designed to contribute to the social, economic and technical development of Afghanistan; and

(5) Any other form of assistance which may be mutually agreed upon.

ARTICLE II

The programs and projects mentioned in Article I of the present Agreement shall be financed by means of loans or grants from the Government of Canada to be negotiated on conditions agreed upon from time to time with the Government of Afghanistan. The Government of Afghanistan undertakes to repay such loans on the conditions and terms of repayment specified in loan agreements between the Contracting Parties.

ARTICLE III

The Government of Canada, either directly or through its agencies, institutions, agents or other representatives, agrees to assume all these responsibilities referred to in Annex A to the present Agreement, entitled "Responsibilities of the Government of Canada", at the time and in the manner set out therein, and those other responsibilities established as such in amendments to the present Agreement or in the subsidiary arrangements provided for in Article XVI of the present Agreement.

ARTICLE IV

The Government of Afghanistan, either directly or through its agencies, institutions, agents or other representatives, agrees to assume all responsibilities referred to in Annex B of the present Agreement, entitled "Responsibilities of the Government of Afghanistan" at the time and in the manner set out therein, and those other responsibilities established as such in amendments to the present Agreement or in the subsidiary arrangements provided for in Article XVI of the present Agreement.

ARTICLE V

Annexes A and B are integral parts of the present Agreement.

ARTICLE VI

The Government of Canada shall meet all costs, incurred under the present Agreement, under any amendments hereto or under any of the subsidiary arrangements provided for in Article XVI of the present Agreement, which are or will be clearly enumerated therein as being the responsibility of the Government of Canada. The Government of Afghanistan shall meet all costs, incurred under the present Agreement, under any amendments hereto or under any of the subsidiary arrangements provided for in Article XVI of the present Agreement, when such costs have not been identified clearly as responsibilities of the Government of Canada.

ARTICLE VII

For the purpose of this Agreement:

(1) "Canadian firms" shall mean those Canadian firms or institutions engaged in the programme of development co-operation referred to under the present Agreement, or in any approved programme or project established under any of the subsidiary arrangements provided for in Article XVI of the present Agreement.

(2) "Canadian personnel" shall mean those Canadian personnel who are engaged in the programme of development co-operation referred to under the present Agreement, or in any approved programme or project established under any of the subsidiary arrangements provided for in Article XVI of the present Agreement.

(3) "Dependent" shall mean:

(a) the spouse of a member of the Canadian personnel; or

(b) the child of a member of the Canadian personnel or of the spouse of a member of the Canadian personnel who is under twenty-one (21) years of age and dependent on one of them for support or, being twenty-one (21) years of age or more, who is dependent on one of them for support by reason of mental or physical incapacity.

ARTICLE VIII

The Government of Afghanistan will keep Canadian personnel and Canadian firms in Afghanistan who are engaged in the provision of development assistance informed of local laws and regulations which might affect their work.

ARTICLE IX

The Government of Afghanistan shall indemnify and save harmless all Canadian personnel and Canadian firms engaged in the provision of development assistance as well as other non-Afghan firms engaged in implementing Canadian development assistance programs in Afghanistan against civil liability resulting from or arising out of acts performed in the course of their duties except in cases where it is legally established that such acts are caused wilfully or by gross negligence.

ARTICLE X

The Government of Afghanistan shall exempt Canadian firms and Canadian personnel engaged in the provision of development assistance from all types of resident tax, contributions, income tax or any other type of taxes on income payable outside Afghanistan or derived from Canadian Government sources or aid funds, as well as from the obligation to present any declaration in connection with these exemptions.

ARTICLE XI

The Government of Afghanistan shall exempt at all times during their assignment or operation in Afghanistan, Canadian personnel and Canadian firms which are engaged in the provision of development assistance, from all import, customs and other duties and taxes, including storage and clearing charges, on professional and technical equipment required by the Canadian personnel or Canadian firms for the performance of their duties. It is agreed that Canadian firms shall have the right to import free from all such import, customs and other duties and taxes those vehicles deemed necessary for the performance of a project.

ARTICLE XII

The Government of Afghanistan shall exempt Canadian personnel who are engaged in the provision of development assistance, from import duties, customs tariff, levies, or any other taxes or charges, including storage and clearing charges, with respect to their personal and household effects, including one motor vehicle, intended for their personal and their dependents' use, subject to the re-exportation or the termination of the useful life of such effects, or to their disposition to persons enjoying similar exemptions. Personal and household effects, sold or otherwise disposed of to persons not entitled to similar exemptions shall be subject to applicable laws and regulations in Afghanistan.

It is understood that the Canadian personnel will be limited to owning one motor vehicle in Afghanistan at any given time provided that the motor vehicle may be replaced because of the poor condition of the vehicle resulting from accidents or other justifiable reasons. Disposition or sale of any such vehicle shall be subject to the regulations applicable in Afghanistan to the vehicles of employees or international organizations.

ARTICLE XIII

The Government of Afghanistan shall exempt Canadian personnel throughout their entire stay in Afghanistan from payment of all import, customs and other duties and taxes on medicinal products, food-stuffs, beverages, and other articles of daily use legally imported into Afghanistan to meet their personal and family requirements.

ARTICLE XIV

The Government of Afghanistan shall provide:

(a) all permits, licences and other documents required to enable Canadian personnel and Canadian firms to carry out their respective responsibilities in Afghanistan;

(b) export and exit permits, when necessary, for the Canadian personnel, materials and equipment including the personal effects of Canadian personnel.

ARTICLE XV

The Government of Afghanistan shall grant Canadian firms, Canadian personnel and their dependents freedom from exchange restrictions in respect of the re-export of their imported funds.

ARTICLE XVI

(1) In the attainment of the objectives of the present Agreement, the Government of Canada and the Government of Afghanistan, acting directly or through their competent agencies, may conclude subsidiary arrangements in the form of exchange of notes, letters or memoranda of understanding, in respect of the following:

(a) Any agreed program or project established under the provisions of Article I of the present Agreement;

(b) Changes with regard to the responsibilities of each country in accordance with the provisions of Annexes A and B with respect to specific programs or projects;

(c) Any other matter which may enable the two governments to carry out jointly the objectives of the present Agreement.

(2) All the subsidiary arrangements concluded under the provisions of the present Article, in whatever form, shall make reference to the present Agreement.

(3) Unless they contain provision to the effect that they are to be considered as formal agreements binding in international law, these subsidiary arrangements shall be considered to be administrative arrangements only. Any loan agreement made in relation to any agreed programme or project established under the provision of Article I and pursuant to Article II of the present Agreement shall not be considered as a subsidiary arrangement as defined herein and shall be the subject of a formal agreement between the Government of Canada and the Government of Afghanistan.

ARTICLE XVII

Differences which may arise in the implementation of the provisions of this Agreement or any of the subsidiary arrangements provided for in Article XVI of the present Agreement shall be settled by negotiations between the Government of Canada and the Government of Afghanistan, or in any other manner mutually agreed upon by the Parties to the present Agreement.

ARTICLE XVIII

This Agreement and its Annexes may be amended by agreement of the Parties, through an exchange of notes, provided that such amendments shall be within the scope of the present Agreement.

ARTICLE XIX

The Agreement shall take effect on the date it is signed by the Contracting Parties and shall remain effective as long as one Contracting Party has not terminated it by giving six (6) months notice in writing to the other. However, such termination shall not void the contracts already entered into and the guarantees already given under the present Agreement.

ANNEX A

Responsibilities of the Government of Canada for Development Projects under this Agreement

(1) The Canadian International Development Agency will use its best endeavours to recruit operational and advisory personnel required by the Government of Afghanistan. The Canadian International Development Agency shall consult with the Government of Afghanistan before any appointment is made and no appointment will be of any force and effect unless confirmed by the Government of Afghanistan.

(2) Unless otherwise agreed between the Parties and subject to the provisions of this Agreement, assignment of Canadian personnel to developmental projects in Afghanistan will fall into two categories:

(a) short-term assignments, usually less than six months; or

(b) for periods exceeding six months; the normal period of engagement will be for 24 months, unless the nature of the project requires a lesser or greater period of residential service.

(3) The terms of reference of each assignment for which Canadian personnel are provided will be specified in individual arrangements. The duties of Canadian personnel shall include the normal duties of the posts to which they are appointed. Canadian personnel shall neither directly engage nor be concerned in any other service or business whatsoever nor receive commission or profits of any kind but shall devote the whole of their time and attention to the service of the Government of Afghanistan.

The Government of Canada will provide and pay for:

(4) The salaries, fees, allowances, or other emoluments, to Canadian personnel as set forth in the terms of employment or in the terms of contract, whichever are applicable.

(5) The costs of travel for Canadian personnel and that of their dependents between their normal place of residence in Canada and the points of entry and departure in Afghanistan.

(6) The costs of transporting, between the normal place of residence of Canadian personnel in Canada and the respective points of arrival and departure in Afghanistan, the household and personal effects of the Canadian personnel and their dependents plus the professional and technical equipment necessary to accomplish the effective performance of their duties.

(7) The costs associated with the training of Afghan personnel in Canada or in a third country as follows:

(a) a monthly living allowance while in Canada or in a third country;

(b) a clothing allowance;

(c) books, equipment or supplies as required for the program being undertaken in Canada or in a third country;

(d) registration, tuition and other related fees;

(e) necessary medical and hospital services;

(f) economy air fare from an approved point of embarkation in Afghanistan to a designated destination in Canada or in a third country, and return to Afghanistan;

(g) transportation within Canada or a third country as required for the program.

(8) In cases of training of Afghan personnel in Afghanistan, the share of the costs such as those enumerated in paragraph (7) of this Annex and attributable to the Government of Canada shall be the subject of a subsidiary arrangement between the Government of Canada and the Government of Afghanistan.

ANNEX B

Responsibilities of the Government of Afghanistan for Development Projects under this Agreement

(A) Assignments of Canadian Personnel

For Canadian personnel on assignments, the Government of Afghanistan shall provide and pay for:

1. A monthly accommodation allowance of 4,500 Afghanis.

2. The full cost, including taxes, of normal hotel expenses, (Kabul Hotel or equivalent), including meals, for the Canadian personnel but not for their dependents, while travelling on duties arising from their assignment in Afghanistan.

3. Transportation

(a) transportation from their point of entry to the duty station for the Canadian personnel and their dependents on arrival in Afghanistan at the commencement of their assignment;

(b) transportation from the duty station to their point of departure for Canadian personnel and their dependents on departure from Afghanistan at the end of their assignment;

(c) transportation for all official purposes, including transportation from the place of residence of Canadian personnel to their place of work;

(d) transportation between the points of entry and departure, and the duty station, for the professional and technical equipment and for the personal and household effects of the Canadian personnel.

4. The Canadian experts, except for their families, will be entitled the same medical and health facilities as Afghan Government employees.

5. Office accommodation and services including, as required, suitable office space and furnishings, clerical staff and other professional and technical equipment, telephone, postal and other facilities necessary in order that Canadian personnel may carry out their assignments effectively.

6. Assistance in expediting the clearance through customs of any personal and technical effects of Canadian personnel and their dependents.

(B) Leave Arrangements

It is understood that Canadian personnel are entitled to annual leave during their assignments. The amount of leave will be the subject of an understanding between the Canadian authorities and the Canadian personnel according to their specific project agreement or arrangement and the duration of their assignment in Afghanistan. The time or times at which the leave is to be taken will be the subject of an understanding between the appropriate Afghan authorities and the Canadian personnel.

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate in Kabul, on the 5th day of July 1977, in English, French, Duri and Pashto, each version equally authentic.

Keith W. MacLellan

FOR THE GOVERNMENT OF CANADA

A. A. Khorran

FOR THE GOVERNMENT OF THE REPUBLIC OF AFGHANISTAN