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Agreement of Economic and Technical Co-operation between the Government of Canada and the Government of the Federal Republic of Nigeria [1983] CATSer 8 (19 March 1983)

E101179 - CTS 1983 No. 9

AGREEMENT OF ECONOMIC AND TECHNICAL CO-OPERATION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERN­MENT OF THE FEDERAL REPUBLIC OF NIGERIA

The Government of Canada and the Government of the Federal Republic of Nigeria (hereinafter referred to as "the Contracting Parties");

Desirous of strengthening the ties of friendship and promoting and enlarging economic and technical co-operation and further developing trade between their two countries to the greatest possible extent;

Mindful of the mutual advantages to be derived by the Contracting Parties from such co-operation;

Have agreed as follows:

ARTICLE I

The Contracting Parties shall promote economic and technical co-operation, and trade relations between their two countries, within the limits of their capabilities and resources and on a basis of equality, mutual understanding and mutual benefit.

ARTICLE II

The fields of co-operation envisaged shall cover inter alia the following;

(a) industrial development;

(b) establishment of joint ventures or companies;

(c) exchange or purchase of technology and equipment;

(d) provision of experts, advisers, post-graduate and technical training;

(e) provision or consultancy services;

(f) any other form of co-operation that may be agreed upon by both Contract­ing Parties.

ARTICLE III

1. The economic and technical co-operation envisaged in Article II shall be imple­mented under separate arrangements or contracts to be concluded by the competent authorities or organizations of the two countries.

2. Enterprises from both countries are free to take part in tenders in order to implement any projects pursuant to this Agreement.

ARTICLE IV

1. The Government of Canada hereby designates the Department of External Affairs and the Government of the Federal Republic of Nigeria hereby designates the Federal Ministry of National Planning, respectively, as the appropriate organs for the purpose of coordinating and implementation of this Agreement and other matters relating thereto.

2. Each Contracting Party shall have the right to designate, in writing at any time, any other body, organization, Ministry or Department in place of, or in addi­tion to those designated in the preceding paragraph.

ARTICLE V

1. With a view to ensuring the implementation of this Agreement, a Joint Eco­nomic Committee shall be established which shall be composed of representatives of both Contracting Parties. The Committee shall normally meet annually by mutual agreement alternately in the capitals of the two countries.

2. The leader of each Contracting Party to the meeting of the Joint Committee shall be a Government official or, where mutually agreed, a member of Government.

3. The Committee shall have the following responsibilities:

(a) promote, facilitate and co-ordinate the implementation of this Agreement and the achievement of its objectives;

(b) serve as a forum for the exchange of information and for consultation between the two Contracting Parties towards expanding and facilitating the economic and trade relations between the two countries;

(c) identify through periodic review of economic developments in both coun­tries, sectors in which mutually beneficial co-operation may be pursued;

(d) identify specific projects for co-operative implementation by appropriate agencies and enterprises of both countries;

(e) encourage and facilitate contracts and negotiations between appropriate authorities and organizations of both countries.

ARTICLE VI

1. Any person acting under the authority of one Contracting Party in fulfilling any obligations in the territory of the other Contracting Party under this Agreement or under any separate arrangements or contracts made there under shall restrict his activities in the said territory to matters relating to the Agreement, arrangements or contracts and shall observe the laws and regulations in force in the host country.

2. Experts or other persons seconded by one Contracting Party to carry out duties in the territory of the other Contracting Party under this Agreement shall do so in close consultation with the other Contracting Party or with persons or bodies nominated by it. Such experts or persons shall comply with any instructions issued by the other Contracting Party as may be appropriate to the nature of their duties.

ARTICLE VII

1. Any economic survey teams, technical experts, research missions, consultant engineers and others of one Contracting Party who have carried out any studies or surveys in the territory of the other Contracting Party under this Agreement shall prepare reports on their work and deposit copies of such reports with the other Con­tracting Party.

2. Each Contracting Party undertakes that it shall keep confidential any such designated documents, information or data received or otherwise coming into its possession in the process of the implementation of this Agreement and shall not give such documents or copies thereof and such information or data to any other party without the prior written approval of the other Contracting Party.

ARTICLE VIII

This Agreement shall not affect the validity or execution of any obligations aris­ing from international agreements, conventions, treaties or protocols concluded by either of the Contracting Parties prior to its conclusion.

ARTICLE IX

The Contracting Parties shall strive to settle any problem, dispute or difference between them and connected with this Agreement through mutual negotiation with­out prejudice to any rights arising under arrangements or contracts concluded pursu­ant to the provisions of Article III, paragraph I.

ARTICLE X

Any amendment or revision of this Agreement shall be in writing and shall come into force after approval by both Contracting Parties.

ARTICLE XI

1. This Agreement shall enter into force on the date of signature and shall remain in force for a period of five years thereafter.

2. This Agreement shall automatically be extended for additional periods of one year each, unless either Party notifies the other of the intention to terminate the Agreement ninety days prior to the expiration of each period of one year.

3. At the termination of this Agreement, its provisions and the provisions of any separate arrangements or contracts made in that respect, shall continue to govern any unexpired and existing obligations or projects assumed or commenced there under. Such obligations or projects shall be carried on to completion.

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

DONE at Lagos this 29th day of March 1983 in duplicate in the French and English languages, the two texts being equally authentic.

Charles Lapointe

FOR THE GOVERNMENT OF CANADA

Geoffrey A. Thomas

FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF NIGERIA