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General Agreement on Development Co-operation between the Government of Canada and the Government of the Republic of Singapore [1998] CATSer 23 (13 November 1998)

E103117 - CTS 1998 No. 27

GENERAL AGREEMENT ON DEVELOPMENT CO-OPERATION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE (hereinafter referred to as "the Parties");

WISHING to strengthen the existing cordial relations between the two countries and their peoples; and

DESIRING to co-operate in extending technical assistance to Asia Pacific and Commonwealth developing countries for their economic and social development; and

INSPIRED to enhance economic and social development generally for the benefit of Asia Pacific and Commonwealth developing countries;

HAVE AGREED as follows:

PART I

GENERAL PROVISIONS

ARTICLE I

1. This General Agreement on Development Co-operation between the Government of Canada and the Government of the Republic of Singapore (hereinafter referred to as "this Agreement") is to:

(a) establish the Trilateral Technical Assistance Programme; and

(b) facilitate the setting-up of the Canadian Office for Regional Development Co-operation (hereinafter referred to as "CORDC").

2. For the purposes of this Agreement, the implementation of the Trilateral Technical Assistance Programme shall be mutually exclusive of the setting-up of CORDC.

PART II

TRILATERAL TECHNICAL ASSISTANCE PROGRAMME

ARTICLE II

1. The Parties shall jointly establish and administer a Trilateral Technical Assistance Programme (also known as the Canada-Singapore Third Country Training Programme) (hereinafter referred to as "the Programme") for selected participants from developing countries of the Asia Pacific and the Commonwealth (hereinafter referred to as "the region").

2. The Programme will be implemented by the administering authorities who are:

(a) the Technical Co-operation Directorate (hereinafter referred to as "TCD") of the Ministry of Foreign Affairs for the Government of the Republic of Singapore; and

(b) the Canadian International Development Agency (hereinafter referred to as "CIDA") for the Government of Canada.

3. The participants shall be nominated by the governments of the designated developing countries and jointly approved by TCD and CIDA.

ARTICLE III

The Parties shall implement the Programme either in Canada, Singapore, or in developing countries of the region. The Parties shall provide the necessary experts and training facilities from their existing institutions. Expenses for the provision of these experts and training facilities, as well as, the participants' airfares, living expenses and accommodation shall be negotiated on a case by case basis and indicated in each exchange of letters provided for under Article V (1). In any particular case, the Parties may request a contribution towards the expenses from the recipient government or organization.

ARTICLE IV

1. The areas of technical assistance shall be jointly decided by the TCD and CIDA. These areas may include civil aviation, port management, telecommunications, environment technologies, productivity, fisheries, information technology and other mutually agreed fields.

2. The form of activity implemented under the Programme shall be jointly agreed by the TCD and CIDA. The activity may take the form of sponsorships, meetings, workshops, seminars, studies, exchanges, and any other means for co-operation that is mutually agreed to.

ARTICLE V

1. The details of the arrangements for any individual activity implemented under the Programme shall be jointly determined by the TCD and CIDA through an exchange of letters between these two entities.

2. When the Programme commences, two training courses shall initially be offered in accordance with the policies of the Parties.

3. Activities implemented under the Programme shall be subject to the terms, conditions and procedures agreed in the exchange of letters provided for under Article V (1). Activities shall be conducted in English and shall not, generally, exceed two months in duration.

4. The TCD and CIDA may increase the number of subsequent activities under the Programme provided there is mutual agreement on, the area and form of technical assistance, a favourable review of previous activities, and the future needs and opportunities in the region.

PART III

CANADIAN OFFICE FOR REGIONAL DEVELOPMENT CO-OPERATION

ARTICLE VI

The Government of the Republic of Singapore agrees to:

1. facilitate the setting-up of CORDC in Singapore;

2. provide, except in exceptional circumstances, Canadian personnel who will staff CORDC with the necessary passes, visas or other documents, in accordance with the laws and regulations of Singapore; and

3. accord Canadian personnel and CORDC with tax and vehicle-related exemptions as set out in the Annex to this Agreement.

ARTICLE VII

1. The operation and maintenance of CORDC shall be the sole responsibility of the Government of Canada through CIDA.

2. The purposes of establishing CORDC in Singapore are:

(a) to implement regional co-operation development projects for the benefit of developing countries in South East Asia; and

(b) to encourage and promote relations between firms, institutions and persons within South East Asia and Canada for the implementation of regional development co-operation projects.

3. The implementation and administration of regional development co-operation projects shall be the responsibility of CORDC.

ARTICLE VIII

1. The Canadian High Commission in Singapore shall provide the Ministry of Foreign Affairs of Singapore a list of the names of Canadian personnel who are staff members of CORDC.

2. The Canadian High Commission shall notify forthwith to the Ministry of Foreign Affairs of Singapore, through diplomatic channels, of changes to the list of Canadian personnel who are staff members of CORDC.

3. For the purposes of this Agreement, "Canadian personnel" means Canadians who are working in the Republic of Singapore on a regional development co-operation project implemented by CORDC.

PART IV

FINAL PROVISIONS

ARTICLE IX

The Parties shall 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 X

Any difference that may arise relating to the interpretation or application of this Agreement shall be settled by consultations between the relevant authorities of the Parties or by any other mutually agreed procedure.

ARTICLE XI

1. This Agreement shall enter into force on signature and shall remain in force until terminated by either Party on giving six (6) months' notice in writing to the other Party.

2. The responsibilities of the Parties with regard to activities implemented under the Programme pursuant to Part 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 had remained in force in respect of and for the whole duration of such activities.

3. This Agreement may be amended by mutual consent of the Parties.

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

DONE in duplicate at Singapore, this thirteenth day of November 1998, in the English and French languages, each version being equally authentic.

Raymond Chan

FOR THE GOVERNMENT OF CANADA

Ow Chin Hock

FOR THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE

ANNEX

TAX AND VEHICLE-RELATED EXEMPTIONS FOR THE CANADIAN PERSONNEL OF CORDC AND CORDC

The following tax and vehicle-related exemptions are accorded to Canadian personnel of CORDC and CORDC:

1. Income tax exemption of development aid funds;

2. Income tax exemption on the salary and emoluments of the Head and Deputy Head paid by CORDC, who are neither Singapore nationals nor permanent residents;

3. Customs duties exemption on import of goods necessary for the operation of the CORDC (excluding liquors and tobacco);

4. GST relief on the import of goods necessary for the operation of CORDC (excluding liquors and tobacco);

5. GST relief on local purchases of goods and services for the operation of CORDC;

6. GST relief on the import of used personal and household effects, excluding liquor and tobacco products, of the Head and Deputy Head of CORDC transferring residence to Singapore within six (6) months of posting to Singapore;

7. Stamp duty relief on lease of premises for CORDC, if rented; or property tax relief for premises of CORDC (restricted to only one official premise financed by the development aid fund); and

8. Import GST, customs duties, registration fees, additional registration fee, road tax and Certificate of Entitlement exemptions for one official motor vehicle, and one motor vehicle each for the Head and Deputy Head of CORDC.