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General Agreement on Development Cooperation between the Government of Canada and the Government of the Gabonese Republic [1992] CATSer 15 (8 June 1992)

E101087 - CTS 1992 No. 14

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

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

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

Desiring to foster development co-operation between the two countries in conformity with the objectives of economic and social development of the Government of the Gabonese Republic,

Have agreed as follows:

ARTICLE I

The Government of Canada and the Government of the Gabonese Republic shall under this Agreement promote a programme of development co-operation between their two countries, consisting of the following components:

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

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

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

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

(e) the development and carrying out of studies and projects designed to contribute to the attainment of the objectives of this Agreement;

(f) the execution of development projects by Canadian non-governmental organizations and institutions, including college- or university-level educational institutions;

(g) the execution of projects related to the Canadian Fund for Local Initiatives;

(h) the execution of projects or activities by private Canadian firms in association with Gabonese partners in the public and private sector;

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

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

ARTICLE II

For the purposes of this Agreement:

(a) "subsidiary arrangement" means:

i) a memorandum of understanding or an exchange of correspondence between the Government of Canada and the Government of the Gabonese Republic in respect of a development assistance programme mentioned in Article I;

ii) a contribution arrangement in respect of a development assistance programme mentioned in Article I between the Government of Canada and a non-governmental organization, a college-or university-level educational institution, a Canadian firm, or any legally empowered Gabonese or Canadian person or body.

(b) "Canadian firm" means Canadian firms or institutions, or those of a country other than Gabon, engaged in any project;

(c) "Canadian personnel" means Canadians or nationals of a country other than Gabon, or other non-permanent residents of Gabon, who are working in Gabon on any project; and

(d) "dependant" means

i) the spouse of a member of the Canadian personnel, including a person of the opposite sex 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 Gabon;

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

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

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

(e) "project" means any Canadian cooperation project that is part of the cooperation programme outlined in Article I and is funded by the Government of Canada.

ARTICLE III

1. In support of the objectives of this Agreement, the Government of Canada and the Government of the Gabonese Republic may conclude subsidiary arrangements in respect of specific projects involving one or several components of the programme described in Article I, except for those described in paragraphs (f), (g) and (h) of Article I.

2. The projects described in paragraphs (f), (g) and (h) of Article I are those that are to be funded by the Government of Canada pursuant to contribution arrangements between the Government of Canada, acting through the Canadian International Development Agency, and the recipient.

3. Unless stated otherwise, subsidiary arrangements concerning contributions of the Government of Canada shall be considered as administrative arrangements.

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

5. Subsidiary arrangements in respect of projects jointly funded by the Government of Canada and an intermediary organization may, with the consent of the governments of Canada and Gabon, be signed through such an organization in its capacity as administrator of funds provided by the Government of Canada, in the form and according to the terms and 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 Gabonese Republic shall assume the responsibilities described in Annex B in respect of any specific project established under this Agreement. Annexes A and B shall be integral parts of this Agreement.

ARTICLE V

The Government of the Gabonese Republic shall ensure that development aid funds provided are not used to pay any taxes, fees, customs duties or any other levies or charges imposed directly or indirectly by the Government of the Gabonese Republic on any goods, materials, equipment, vehicles and services purchased or acquired for, or related to, the execution of any project being carried out pursuant to Article I of this Agreement.

ARTICLE VI

The Government of the Gabonese Republic shall save harmless the Government of Canada, Canadian firms and Canadian personnel from civil liability for acts or omissions occurring in the course of the performance of their duties in the execution of any specific project described in Article I, except for acts arising from gross negligence or wilful misconduct of Canadian firms or Canadian personnel.

ARTICLE VII

The Government of the Gabonese Republic shall exempt Canadian firms and Canadian personnel from taxes imposed on income, provided such income arises from sources outside of Gabon or from Canadian aid funds as provided for in any subsidiary or contribution arrangement. In addition, the Government of the Gabonese Republic shall exempt Canadian firms and Canadian personnel from any obligations to present written declarations in relation to these exemptions.

ARTICLE VIII

The Government of the Gabonese Republic shall exempt Canadian firms and Canadian personnel from customs and any other indirect duties or taxes, sales taxes, charges, levies and fees on all equipment, products, materials and other goods imported into Gabon for, or related to, the execution or projects described in Article I.

ARTICLE IX

The Government of the Gabonese Republic shall exempt Canadian personnel from the payment of customs duties, from any other indirect duties or taxes and sales taxes in respect of:

(i) personal effects and essential household equipment brought into Gabon for their own use or for the use of their dependants. Canadian personnel may purchase locally manufactured or assembled items duty free, provided that such purchases shall be made from the manufacturers and delivery shall be made from bonded warehouses. In the event of fire or theft, however, the exemptions under this Article may be re-exercised at any time during the assignment of the Canadian personnel.

(ii) the importation into Gabon or the local purchase of one motor vehicle. If the motor vehicle is sold or otherwise disposed of, it shall 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. In the event of fire, theft, accident or destruction, the exemptions under this Article may be re-exercised at any time during the assignment of the Canadian personnel.

These exemptions are granted provided that the goods described are re-exported, except those in poor condition or those transferred to others benefitting from the same provisions.

ARTICLE X

The Government of the Gabonese Republic shall grant Canadian firms and Canadian personnel freedom from currency exchange restrictions in respect of:

(a) the exportation of remunerations, salaries and other earnings paid by the Government of the Gabonese Republic in CFA francs in respect of a project;

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

ARTICLE XI

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

ARTICLE XII

The Government of the Gabonese Republic shall facilitate the repatriation of Canadian personnel and their dependants in cases where, in the opinion of the Government of Canada or of the Government of the Gabonese Republic, the lives or safety of the Canadian personnel and/or their dependants are endangered.

ARTICLE XIII

1. The Government of the Gabonese Republic agrees to extend to their Canadian personnel and to their dependants the privileges and exemptions referred to in Article VI to XIII and Annex "B" to firms and to non-governmental institutions and organizations engaged in the execution of development assistance projects pursuant to any arrangement between the Government of the Gabonese Republic and the firm or non-governmental institution or organization.

2. A non-governmental institution or organization means a non-governmental institution or organization that receives a contribution from the Government of Canada for a project pursuant to a contribution arrangement between the Government of Canada and the non-governmental institution or organization.

3. A firm means a Canadian firm or institution engaged in any project described in paragraph (h) of Article I pursuant to any contribution arrangement between the firm and the Government of Canada.

4. A dependant means any dependant of a member of the Canadian personnel of a firm or a non-governmental institution or organization within the meaning of Article II.

ARTICLE XIV

The Government of Canada and the Government of the Gabonese Republic will endeavour to consult each other in respect of any matter that may from time to time arise from or in connection with this Agreement.

ARTICLE XV

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

ARTICLE XVI

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 Gabonese Republic with regard to projects being carried out by virtue of subsidiary arrangements entered into pursuant to 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 in respect of and for the whole duration of such projects.

ARTICLE XVII

This Agreement revokes and replaces the Agreement establishing the administrative responsibilities of the Government of Canada and the Government of the Gabonese Republic in respect of Canadian personnel made available to the Government of Gabon, signed on August 4, 1967, between the Government of Canada and the Government of the Gabonese Republic.

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

DONE at Montreal on the 8^th day of June, 1992, in two copies, in English and French, each version being equally authentic.

Monique Landry

FOR THE GOVERNMENT OF CANADA

Pauline Bongo

FOR THE GOVERNMENT OF THE GABONESE REPUBLIC

ANNEX "A"

RESPONSIBILITIES OF THE GOVERNMENT OF CANADA

I. The responsibilities of the Government of Canada in respect of a specific project shall be defined in the subsidiary arrangement in respect of the said project, in accordance with the principle of cost sharing between the Government of Canada and the Government of the Gabonese Republic.

II. Contracts to obtain goods and services financed by the Government of Canada and required for the execution of projects shall be signed by the Government of Canada or one of its agencies. However, it may be provided in any subsidiary arrangement that such contracts may be signed by the Government of the Gabonese Republic or one of its agencies in accordance with the terms and conditions specified in such subsidiary arrangement.

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

ANNEX "B"

RESPONSIBILITIES OF THE GOVERNMENT OF THE GABONESE REPUBLIC

I. Subject to the following, the responsibilities of the Government of the Gabonese Republic in respect of a specific project shall be defined in the subsidiary arrangement in respect of the said project, in accordance with the principle of cost sharing between the Government of the Gabonese Republic and the Government of Canada.

Without limiting the general scope of the above and unless otherwise indicated in any subsidiary arrangement, the Government of the Gabonese Republic shall provide or pay for:

(1) expenditures related to Canadian personnel:

(a) a portion of their salaries, fees, allowances and other benefits, in accordance with the principle of cost sharing;

(b) their travel expenses and those of their dependants between their normal place of residence and the port of entry and departure in Gabon;

(c) the cost of shipping, between their normal place of residence and the port of entry and departure in Gabon, their personal and household effects, those of their dependants, and the professional and technical material required by the said personnel for the execution of their duties;

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

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

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

(5) storage charges for articles mentioned in paragraph (3) during the period when they are held at customs and any measures required to protect these articles against natural elements, theft, fire and any other danger;

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

(7) all necessary visas and all import or export permits, as the case may be, for the Canadian personnel and their dependants and for the personal effects of such Canadian personnel and their dependants;

(8) the prompt inland transportation of all equipment, products, materials, supplies and other imported goods required for the execution of projects, from the port of entry into Gabon to project sites, including the obtaining of priority service by Gabonese forwarding and transportation agents where necessary;

(9) mileage allowance at the normal rates for journeys performed on official duties in accordance with the existing regulations of the Government of the Gabonese Republic, corresponding to the allowance given to Gabonese counterparts working with Canadian personnel. No claim is permitted for travelling between home and office. Canadian personnel who do not own or use a car for official duties will be reimbursed for the cost of actual transportation in conformity with applicable rates for Gabonese counterparts assigned to projects executed. Canadian personnel on duty away from their place of posting will also be eligible for a per-diem living allowance as well as reimbursement of hotel or accommodation expenses in accordance with the applicable rates for their Gabonese counterparts;

(10) permission from the relevant ministry or ministries to use all means of communication officially approved in Gabon, such as transmitter-receivers and telephone and telegraph networks, in accordance with the needs of a specific project and the applicable acts and regulations;

(11) reports, records, maps, statistics and other information related to projects and likely to assist Canadian personnel in carrying out their duties, provided that this information is not classified and has no relation to national security;

(12) the issuance of a driver's licence by the Gabonese Republic to Canadian personnel and their dependants without the requirement to undergo the normal testing procedure, provided a valid Canadian driver's licence is produced;

(13) all other measures within the jurisdiction of the Government of the Gabonese Republic which may facilitate the execution of projects.

II. The Government of the Gabonese Republic shall provide Canadian personnel and their dependants with medical and dental services at government hospitals. No reimbursement will be made by the Government of the Gabonese Republic if Canadian personnel and their dependants elect to be treated by private practitioners.

III. The Government of the Gabonese Republic acknowledges that each member of Canadian personnel shall be entitled to a period of local leave of 30 days a year.