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General Agreement on Development Cooperation between the Government of Canada and the Government of the Republic of Burundi [1990] CATSer 24 (24 September 1990)

E101088 - CTS 1990 No. 29

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

The Government of Canada and the Government of the Republic of Burundi,

wishing to strengthen the existing cordial relations between their countries and their peoples, and

desiring to foster development cooperation between them in conformity with the economic and social development objectives of the Government of the Republic of Burundi,

have agreed as follows:

ARTICLE I

The Government of Canada and the Government of the Republic of Burundi shall under this Agreement promote a program of development cooperation between the two countries, consisting of the following components:

(a) the sending of appraisal and evaluation missions to Burundi to study and analyze development projects;

(b) the granting of fellowships to nationals of Burundi for studies and professional training in Canada, Burundi or a third country;

(c) the assignment of experts, advisers and other specialists to Burundi;

(d) the provision of equipment, materials, goods and services required for the successful execution of development projects in Burundi;

(e) the development and carrying out of studies and projects allowing the attainment of the objectives outlined in this Agreement;

(f) the implementation of development projects by Canadian non-governmental institutions and organizations, including educational institutions at all levels;

(g) the implementation of co-operation projects or activities by associating Canadian private firms with partners in the private and public sectors of Burundi;

(h) the encouragement and promotion of relations between firms, institutions and persons of the two countries; and

(i) any other form of assistance which may be mutually agreed upon.

ARTICLE II

The Government of the Republic of Burundi shall submit requests to the Government of Canada through the Ambassador of Canada accredited to the Government of the Republic of Burundi, and the Government of Canada shall submit responses and proposals to the Government of the Republic of Burundi through the Ambassador of Burundi to Canada or by any other means which may be mutually agreed upon.

ARTICLE III

1. In support of the objectives of this Agreement, the Government of Canada and the Government of the Republic of Burundi may enter into subsidiary arrangements in respect of specific projects involving one or several components of the program described in Article I, with the exception of those referred to in paragraphs f) and g).

2. The projects referred to in paragraphs f) and g) of Article I shall be covered by a subsidiary arrangement between the Government of the Republic of Burundi and the recipient of the contribution of the Government of Canada.

3. Unless otherwise indicated, subsidiary arrangements regarding contributions of the Government of Canada shall be considered administrative arrangements.

4. Subsidiary arrangements shall make specific reference to this Agreement and the terms of this Agreement shall, unless otherwise indicated, apply to such arrangements.

5. The projects referred to in paragraphs f) and g) of Article I shall be covered by contribution arrangements between the Government of Canada, acting through the Canadian International Development Agency, and the Canadian non-governmental organizations or institutions or firms concerned.

6. Subsidiary arrangements concerning projects jointly financed by the Government of Canada and an intermediary organization may, with the consent of the Governments of Canada and of the Republic of Burundi, be entered into through such an organization as the administrator of funds provided by Canada in the manner and under the conditions required by such organization.

ARTICLE IV

Unless otherwise indicated, the Government of Canada shall assume the responsibilities described in Annex "A", and the Government of the Republic of Burundi shall assume those described in Annex "B" in respect of any project referred to in this Agreement. Annexes "A" and "B" shall be an integral part of this Agreement.

ARTICLE V

The Government of the Republic of Burundi shall ensure that the development assistance contribution cannot be used to pay taxes, fees, customs duties or other levies and charges imposed directly or indirectly by the Government of the Republic of Burundi on any goods, materials, equipment, vehicles and services purchased or acquired for, or related to, the execution of any project being carried out in Burundi.

ARTICLE VI

For the purposes of this Agreement:

(a) "Canadian firms" means firms and non-governmental organizations or institutions in Canada or in a country other than Burundi engaged in a project;

(b) "Canadian personnel" means Canadians or citizens of any country other than Burundi, or non-permanent residents of Burundi, who are working on a project in Burundi;

(c) "dependent" means

i) the spouse of a member of the Canadian personnel, including a person with whom the member of the Canadian personnel has lived and publicly represented as his or her spouse for a period of not less than one year before the commencement of his or her period of service in Burundi;

ii) a child of the member or his or her spouse who is:

(a) under twenty-one years of age and recognized as being dependent on the member or his or her spouse for support, or

(b) twenty-one years of age or older and dependent on the member or his or her spouse for support by reason of a mental or physical incapacity.

(d) Dependents of Canadian personnel of a non-governmental institution or organization shall have the same meaning as given in Article VI d).

(e) "non-governmental institution or organization" means a non-governmental institution or organization that receives a contribution of the Government of Canada for a project under a contribution arrangement between the Government of Canada and the non-governmental institution or organization.

(f) "project" means any cooperation activity of the cooperation program outlined in Article I that is funded by the Government of Canada.

(g) "subsidiary arrangement" includes:

i) a memorandum of understanding or an exchange of correspondence between the Government of Canada and the Government of the Republic of Burundi concerning a development assistance program referred to in Article I;

ii) an agreement concerning a development assistance program referred to in paragraphs I f) and g) between the Government of the Republic of Burundi and a non-governmental organization, an educational institution at any level, or a Canadian firm.

ARTICLE VII

The Government of the Republic of Burundi shall indemnify and save harmless the Government of Canada, Canadian firms and Canadian personnel from any civil liability for acts or omissions occurring in the course of the conduct or execution of a project established under a subsidiary arrangement, except for acts arising from gross negligence or wilful misconduct by Canadian firms or Canadian personnel.

ARTICLE VIII

The Government of the Republic of Burundi shall exempt Canadian firms and Canadian personnel from any taxes imposed on their income from sources outside of Burundi or from Canadian aid funds provided under a subsidiary arrangement. The Government of the Republic of Burundi shall also exempt Canadian firms and Canadian personnel from the obligation to submit written statements in relation to these exemptions. If Canadian firms and Canadian personnel engage in gainful activities in Burundi that are not covered by this Agreement, however, the corresponding income shall be taxable.

ARTICLE IX

The Government of the Republic of Burundi shall exempt Canadian firms and Canadian personnel from customs and excise duties, sales taxes, charges, levies and fees on all equipment, products, materials and other goods imported into Burundi for the execution of projects.

ARTICLE X

The Government of the Republic of Burundi shall exempt Canadian personnel from customs duties, excise duties and sales taxes in respect of personal effects and essential household equipment imported into Burundi for their own use or the use of their dependents for a six-month period. Canadian personnel may purchase locally manufactured or assembled items duty free, provided that such items are purchased directly from the manufacturers and delivered from bonded warehouses. In the event of fire or theft, however, this privilege may be re-exercised at any time during the assignment of the Canadian personnel.

ARTICLE XI

The Government of Burundi shall exempt Canadian personnel from customs duties, excise duties and sales taxes in respect of one motor vehicle imported into Burundi or purchased locally. If the motor vehicle is sold or otherwise disposed of, it shall not be subject to the normal duties and other charges at the rate in force on the date the exemption was given and on the value of the vehicle at the time of disposal.

This privilege may be re-exercised at any time during the period of service in the event of fire, theft, accident, destruction or disposal after a four-year period of service.

ARTICLE XII

The Government of the Republic of Burundi shall exempt Canadian firms and Canadian personnel from all currency exchange restrictions in respect of:

a) the exportation of salaries, remunerations or other revenues paid by the Government of the Republic of Burundi in FBU francs under a project;

b) the re-exportation of salaries or remunerations transferred from abroad through authorized banking institutions in Burundi.

ARTICLE XIII

The Government of the Republic of Burundi shall inform Canadian firms and Canadian personnel of local laws and regulations which may concern them in the performance of their duties.

ARTICLE XIV

The Government of the Republic of Burundi shall facilitate the repatriation of Canadian personnel and their dependents in cases where their lives or safety are endangered in the opinion of the Government of Canada or the Government of the Republic of Burundi.

ARTICLE XV

The Government of the Republic of Burundi agrees to extend the privileges and exemptions referred to in Articles VI to XIII and Annex "B" to non-governmental institutions and organizations and to firms engaged in any development assistance project pursuant to an agreement between the Government of the Republic of Burundi and the non-governmental institution or organization or the firm, to their Canadian personnel working in that country and to their dependents.

ARTICLE XVI

The Government of Canada and the Government of the Republic of Burundi shall consult each other in respect of any matter that may arise from or in connection with this Agreement.

ARTICLE XVII

Differences which may arise in the interpretation and application of the provisions of this Agreement or a subsidiary arrangement shall be settled by means of negotiations between the Government of Canada and the Government of the Republic of Burundi or in any other manner mutually agreed upon.

ARTICLE XVIII

This Agreement shall enter into force on signature and shall remain in force until terminated by either party on six (6) months' notice in writing to the other party. The responsibilities of the Government of Canada and of the Government of the Republic of Burundi with regard to projects being carried out by virtue of subsidiary arrangements entered into pursuant to Article II of this Agreement, and begun prior to the receipt of the termination notice referred to above, shall continue until completion of such projects as if this Agreement remained in force for the whole duration of each project.

ARTICLE XIX

This Agreement supersedes and replaces the Personnel Cooperation Agreement between the Government of Canada and the Government of the Republic of Burundi entered into on May 12, 1971.

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Agreement in duplicate at Ottawa, this 24^th day of September 1990.

Monique Landry

FOR THE GOVERNMENT OF CANADA

Fridolin Hatungimana

FOR THE GOVERNMENT OF THE REPUBLIC OF BURUNDI

ANNEX "A"

RESPONSIBILITIES OF THE GOVERNMENT OF CANADA

I. The responsibilities of the Government of Canada with regard to a specific project shall be defined in the subsidiary arrangement concerning that project in accordance with the principle established between the Government of Canada and the Government of the Republic of Burundi.

II. Contracts for the purpose of obtaining goods and services paid for by the Government of Canada and required for projects shall be signed by the Government of Canada or one of its agencies. A subsidiary arrangement may, however, provide that such contracts may be signed by the Government of the Republic of Burundi or one of its agencies in accordance with the terms and conditions specified in the said subsidiary arrangement.

III. The Government of Canada shall provide the Government of the Republic of Burundi in a timely manner with the names of the Canadian personnel and their dependents entitled to the rights and privileges set forth in this Agreement or in a subsidiary arrangement.

IV. Unless subsidiary arrangements indicate otherwise, the Government of Canada shall finance the salaries, fees, allowances and other benefits of Canadian personnel.

V. The Government of Canada shall finance the travel expenses of Canadian personnel and their dependents between their normal place of residence and the port of entry and departure in Burundi, including the cost of shipping their personal and household effects and the professional and technical materials required by the said personnel for the execution of their duties.

VI. Unless subsidiary arrangements indicate otherwise, the Government of Canada shall provide Canadian personnel with permanent, furnished accommodation and shall also finance the hotel accommodation expenses of Canadian personnel and their dependents from their arrival in Burundi until they are established in permanent accommodations, and from the time they leave their permanent accommodations until their final departure.

VII. Without limiting the general nature of the preceding and unless subsidiary arrangements indicate otherwise, the Government of Canada shall finance the following costs:

a) For trips to Burundi, the travel expenses of and per diem allowances to Burundian counterparts and officials working on Canada-Burundi projects. These costs shall comply in all respects with the rates, regulations and laws that apply to officials at comparable levels in Burundi.

b) Canadian personnel shall be subject to CIDA and Treasury Board acts and regulations governing travel.

c) Where a Burundian official or counterpart travels with a Canadian counterpart consultant or Canadian personnel for purposes mutually agreed upon, he or she shall be subject to the same regulations as the Canadian.

d) For trips outside Burundi, Canadian laws and regulations shall fully apply to both Canadians and Burundians if the funds used are of Canadian origin.

e) If funds originate from Burundian sources or from a counterpart fund, Burundian laws and regulations shall apply to Burundians, and Canadian personnel shall remain subject to Canadian laws.

ANNEX "B"

RESPONSIBILITIES OF THE GOVERNMENT OF THE REPUBLIC OF BURUNDI

I. Subject to the following, the responsibilities of the Government of the Republic of Burundi with regard to a specific project shall be defined in a subsidiary arrangement concerning the said project in accordance with the principle established with the Government of Canada.

Without limiting the general nature of the preceding and unless subsidiary arrangements indicate otherwise, the Government of the Republic of Burundi shall provide:

1) any official assistance which may be required for the purpose of facilitating the travel of Canadian personnel in the performance of their duties in Burundi;

2) demurrage charges due to delays in unloading equipment, products, materials, supplies and goods required for the execution of the project and the personal and household effects of Canadian personnel and their dependents;

3) any official assistance which may be required for the purpose of expediting the clearance through customs of articles mentioned in paragraph 2;

4) storage of articles mentioned in paragraph 2 during the period when they are held at customs and any measure required to protect these articles against natural elements, loss, fire and any other danger;

5) all permits, licences and other documents including costs related thereto, if any, for equipment, materials, supplies or goods required for the execution of projects and to enable Canadian firms and Canadian personnel to carry out their functions in Burundi;

6) subject to the relevant laws of Burundi, all necessary visas and import or export permits, as the case may be, for firms, organizations, the Canadian personnel and their dependents and for their personal effects;

7) the prompt inland transportation of equipment, products, materials, supplies and other imported goods required for the execution of projects, from the port of entry into Burundi to project sites, including, where necessary, the obtaining of priority by forwarding and transportation agents in Burundi;

8) permission from the relevant Ministries to use all means of communication officially approved in Burundi, such as radio transmitters and receivers and telephone and telegraph networks, depending on the needs of projects and in accordance with the relevant laws and regulations;

9) reports, records, maps, statistics and other information related to projects and likely to assist Canadian personnel in carrying out their duties, provided that they are not secret or confidential and do not jeopardize national security;

10) where necessary, the issuance of a Republic of Burundi driver's licence to Canadian personnel and their dependents without the requirement to undergo the normal testing procedure, provided a Canadian driver's licence is produced;

11) insofar as its means allow, the premises, local staff, equipment and related services which the Canadian personnel would need in order to carry out their duties;

12) any other measure within the jurisdiction of the Government of the Republic of Burundi which may facilitate the execution of projects.

II. The Government of the Republic of Burundi shall guarantee the Canadian personnel and their dependents access to medical and dental services at the Government's hospitals. Any costs incurred shall be met by the beneficiaries.

III. The Government of the Republic of Burundi acknowledges that each member of the Canadian personnel shall be entitled to a period of annual leave of not less than thirty (30) working days.