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General Agreement between the Government of Canada and the Government of the Republic of Niger on Development Cooperation [1986] CATSer 6 (17 January 1986)

E101083 - CTS 1986 No. 22

GENERAL AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF NIGER ON DEVELOPMENT COOPERATION

The Government of Canada and the Government of the Republic of Niger (here­inafter called “the Government of Niger”),

WISHING to strengthen the existing cordial relations between the two countries and their peoples and to establish the framework and the terms and conditions for a program of cooperation between the two countries, in keeping with the economic and social development objectives of the Government of Niger,

HAVE AGREED AS FOLLOWS:

ARTICLE I

In this Agreement,

(a) “project” means any Canadian cooperation project which falls within the purview of the cooperation program described in Article II and which receives funding from the Government of Canada;

(b) “Canadian firm” means a Canadian firm, institution or organization engaged in activities in Niger within the framework of a cooperation project;

(c) “Canadian personnel” means Canadian or non-Niger persons, not recruited on site, and working in Niger on a cooperation project;

(d) “dependant” means the spouse of a member of the Canadian personnel, the child of the member or of the member’s spouse, or any other person recognized in Canada as a dependant.

ARTICLE II

The development program may be implemented by means of grants or loans; it shall include:

(a) the granting of scholarships to citizens of Niger for studies and professional training in Canada, Niger or a third country;

(b) the assignment of Canadian cooperants, advisers and other specialists to Niger;

(c) the provision of equipment, materials, products and other goods required for the successful execution of cooperation projects in Niger;

(d) the joint elaboration and implementation of studies and projects aimed at contributing to the social and economic development of Niger;

(e) the execution of development projects by Canadian non-governmental organizations and institutions;

(f) any other form of cooperation agreed upon by both governments.

ARTICLE III

(a) In pursuance of the objectives in this Agreement, the Government of Canada and the Government of Niger undertake to promote the execution of projects in Niger.

(b) With the exception of those projects mentioned in paragraph (e) of Article II, projects shall be the subject of subsidiary agreements between the two Governments.

(c) Unless specified otherwise, subsidiary agreements concerning grants or con­tributions from the Government of Canada shall be considered administra­tive arrangements.

(d) Projects mentioned in paragraph (e) of Article II shall be the subject of con­tribution agreements between the Government of Canada, through the intermediary of the Canadian International Development Agency, and the Canadian non-governmental organization involved.

(e) Subsidiary agreements concerning projects financed jointly by the Govern­ment of Canada and an intermediary organization may, subject to the agree­ment of the Governments of Canada and Niger, be concluded through the intermediary of such an organization as administrator of the funds supplied by the Government of Canada, in the form and manner required by such an organization.

ARTICLE IV

Unless otherwise indicated, the Government of Canada shall assume the respon­sibilities described in Annex “A” and the Government of Niger shall assume those described in Annex “B” in respect of any project established under a subsidiary agree­ment between the two Governments. Annexes “A” and “B” shall be integral parts of this Agreement.

ARTICLE V

The Government of Canada, Canadian firms and Canadian personnel shall not be held responsible for damages sustained by third parties or their property, or for losses of such property as a result of the execution of projects, except to the extent that these damages or losses arise from gross negligence, fraud or criminal negligence on the part of Canadian firms or Canadian personnel.

ARTICLE VI

(a) Where a project is financed under a Loan Agreement, Canadian firms, institutions or organisations who will open a permanent office in Niger or will carry on business for at least six (6) months are subject to the applicable fiscal law.

(b) However, where a Project is financed under a Contribution, the Govern­ment of Niger shall exempt Canadian firms, institutions or organisations and Canadian personnel, including their dependants, from any form of direct and indirect taxation (turnover gas, registration fees, general income tax, scheduled taxes on salaries and wages, municipal taxes, and so on) on income arising outside Niger or from Canadian cooperation or those from the Nigerio-Canadian counterpart funds, as well as from the obligation to present any declaration in relation to these exemptions. Exemption from direct taxation is only applicable for activities of Canadian firms carried on pursuant to a grant agreement and in accordance with this Agreement.

ARTICLE VII

The Government of Niger shall apply to Canadian firms not resident in Niger the provisions governing normal temporary admission (customs duties and taxes) to Niger for vehicles, technical and professional equipment, and household effects, subject to the re-exportation of all such goods. In the event the goods are not re-exported, such goods, if made available for consumption, shall be subject to the payment of such customs duties and taxes as are in effect, unless the goods are no longer of any use, or are transferred to persons entitled to the same privileges, or are transferred free of charge to the Government of Niger or one of its agencies.

ARTICLE VIII

(a) Each member of the Canadian personnel employed in Niger in connection with a cooperation project may import or export free of customs and any other duties, taxes or fees, a motor vehicle for personal use. This privilege may be exercised every two (2) years. Nevertheless, in the event of fire, theft or an accident causing major damage to the vehicle, such privilege shall be renewable before this period expires. The sale or transfer of such a vehicle shall be subject to the regulations governing the sale or transfer of vehicles belonging to officials of international organizations who are stationed in Niger.

(b) The Government of Niger shall exempt the personal and household effects of Canadian personnel from all customs duties and taxes.

ARTICLE IX

The Government of Niger shall exempt equipment, products, material and any other goods imported into Niger or purchased in Niger with Canadian funds for the execution of cooperation projects funded by grants, from all import duties, customs tariffs and any other import taxes (or inspection fees).

ARTICLE X

The Government of Niger shall authorize Canadian personnel and their depen­dants to open bank accounts in convertible francs and to transfer out of Niger any money they have imported into Niger, free of currency exchange restrictions.

ARTICLE XI

The Government of Niger shall inform Canadian firms and Canadian personnel, upon request, of the local laws and regulations which may concern them in the performance of their duties.

ARTICLE XII

The Government of Niger shall facilitate the issue of:

(a) all permits, licences and other documents required by Canadian firms and Canadian personnel for the performance of their duties in Niger;

(b) export permits and exit and entry visas, where applicable, for members of the Canadian personnel and their dependants, and for the materials, equip­ment and personal effects of Canadian firms and Canadian personnel.

ARTICLE XIII

Any dispute arising in connection with the interpretation and application of the provisions of this Agreement or a subsidiary agreement shall be resolved by means of negotiations between the Government of Canada and the Government of Niger, or in any other manner agreed upon by both Governments.

ARTICLE XIV

This Agreement shall come into force on the date it is signed by the two con­tracting parties and shall remain in force until terminated by either party on six (6) months notice in writing. Nevertheless, such termination shall not void the contracts already concluded and guarantees already given under this Agreement.

ARTICLE XV

This Agreement revokes and replaces the Technical Cooperation Agreement between the Government of the Republic of Niger and the Government of Canada signed in Ottawa on September 18, 1969.

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

DONE in duplicate at Niamey, this 17th day of January, 1986 in the English and French languages, each version being equally authentic.

Monique Vézina

FOR THE GOVERNMENT OF CANADA

Mahamane Sani Bako

FOR THE GOVERNMENT OF THE REPUBLIC OF NIGER

ANNEX “A”

RESPONSIBILITIES OF THE GOVERNMENT OF CANADA

Projects approved under subsidiary agreements

I. Unless otherwise indicated in the subsidiary agreements, the Government of Canada shall finance the following expenditures, based on the rates authorized in its Regulations:

A. Expenditures related to Niger scholarship holders:

1. registration and tuition fees, books, supplies, or materials required;

2. a living allowance;

3. medical and hospital expenses;

4. economy-class fares for travel by air or any other approved means of trans­portation, in compliance with the requirements of the scholarship program.

B. Expenditures related to Canadian personnel:

1. the salaries, fees and other benefits provided for in the contracts;

2. the various benefits and allowances provided for in the contracts, in so far as they are not the responsibility of the Government of Niger;

3. their travel expenses and costs for hotel or other suitable temporary accommodation required for authorized trips during their assignment;

4. the cost of shipping, between their normal place of residence and their place of assignment in Niger, their personal and household effects, those of their dependants, and specialized technical material required for the execution of their duties.

C. Expenditures related to the projects:

1. the cost of engineers’, architects’, and other services required for the execution of projects;

2. the cost of providing merchandise, materials, equipment and other goods and transporting them to the premises of the beneficiary or the person who makes use of the said articles in Niger, or to the site of the project in Niger.

II. Contracts for the purchase of goods or commissioning of services financed by the Government of Canada shall be signed by the Government of Canada or one of its agencies. Nevertheless, an arrangement may be made for the Government of Niger to sign such contracts itself in compliance with conditions specified in the subsidiary agreements. Unless conditions are thus specified, the following shall apply:

1. goods and services acquired in Canada shall have a Canadian content of not less than sixty-six and two-thirds percent (66 b %);

2. there shall be an invitation to tender and, in the case of purchase of goods, the contract shall be awarded to the lowest bidder;

3. the terms and conditions of payment and other contract clauses shall be approved beforehand by the Government of Canada;

4. Canadian suppliers shall be paid directly by the Government of Canada.

III. The Government of Canada shall provide the Government of Niger in advance with a list of the Canadian personnel engaged in the execution of the projects approved under subsidiary agreements.

RESPONSIBILITIES OF THE GOVERNMENT OF NIGER

Projects approved under subsidiary agreements

I. Unless otherwise provided in the subsidiary agreements, the Government of Niger shall provide and defray services and expenses mentioned below:

1. appropriate furnished accommodation suited to the family situation of the Canadian personnel;

2. furnished premises and office services, including among other things and within the limitations of the capabilities of the Government of Niger, adequate facilities and materiel, support staff, professional and technical material, telephone, mail and any other services which Canadian personnel might require to perform their duties;

3. the granting, free of charge, of entry, residence and exit visas for Canadian personnel and their dependants;

4. the recruitment and assignment of counterparts when required for the projects;

5. all assistance to facilitate the travel of Canadian personnel in the performance of their duties within the territory of Niger;

6. all assistance to expedite the clearance through customs of equipment, products, materials and other goods required for project execution, as well as the personal and household effects of Canadian personnel and their dependants;

7. the storage of the articles mentioned in paragraph 6 above, and any measures required to protect these articles from natural elements, theft, fire and any other hazard, during the entire period when such articles are held at customs;

8. the prompt transportation of all equipment, products, materials, and other imported goods required for project execution, from the point of entry in Niger to the project site, including, where necessary, obtaining priority status from Niger forwarding agents and carriers;

9. permission to use all means of communication, such as frequency radio receivers and transmitters approved for use in Niger, and telephone systems, depending on program and project requirements;

10. reports, records, maps, statistics and other information related to the projects and likely to be of help to Canadian personnel;

11. other measures within its jurisdiction which may facilitate the execution of projects.

II. The Government of Niger acknowledges that each member of the Canadian personnel assigned to Niger shall be entitled to a period of annual leave.