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POINT FOUR GENERAL AGREEMENT FOR TECHNICAL CO-OPERATION BETWEEN INDIA AND THE UNITED STATES OF AMERICA [1950] INTSer 15

POINT FOUR GENERAL AGREEMENT FOR TECHNICAL CO-OPERATION BETWEEN INDIA AND THE UNITED STATES OF AMERICA

New Delhi,
28 December 1950

The Government of the United States of America and the Government of India Have agreed as follows:

Article I

ASSISTANCE AND COOPERATION

1. The Government of the United States of America and the Government of India undertake to cooperate with each pther in the interchange of technical knowledge and skills and in related activities designed to contribute to the balanced and integrated development of the economic resources and productive capacities of India. Particular technical cooperation programs an,d projects will be carried out pursuant to the provisions of such separate written agreements or understandings as may later be reached by the duly designated representatives of India and the Technical Cooperation Administration of the United States of America, or by other persons, agencies, or organizations designated by the governments.

2. The Government of India through its duly designated representatives in cooperation with representatives oi the Technical Cooperation Administration of the United States of America and representatives of appropriate international organizations will endeavor to coordinate and integrate all technical cooperation programs being carried on in India.

3. The Government of India will cooperate in the mutual exchange of technical knowledge and skills with other countries participating in technical cooperation programs associated with that carried on under this Agreement.

4. The Government of India will endeavor to make effective use of the results of technical projects carried on in India in cooperation with the United States of America.

5. The two governments will, upon the request of either of them, consult with regard to any matter relating to the application of this Agreement to project agreements heretofore or hereafter concluded between them, or to operations or arrangements carried out pursuant to such agreements.

Article II

INFORMATION AND PUBLICITY

1. The Government of India will communicate to the Government of the United States of America in a form and at intervals to be mutually agreed upon:

    (a) Information concerning projects, programs, measures and operations carried on under this Agreement, including a statement of the use of funds, materials, equipment and services provided thereunder;

    (b) Information regarding technical assistance which has been or is being requested of other countries or of international organizations.

2. Not less frequently than once a year, the Government of India and the United States- of America will in mutual consultation make public in their respective countries periodic reports on the technical cooperation programs carried on pursuant to this Agreement. Such reports shall include information as to the use of funds, materials, equipment and services.

3. The Governments of the United States of America and India will endeavor in mutual consultation to give full publicity to the objectives and progress of the technical cooperation program carried on under this Agreement.

Article III

PROGRAM AND PROJECT AGREEMENTS

1. The program and project agreements referred to in Article I, Paragraph 1 above will include provisions relating to policies, administrative procedures, the disbursement of and accounting for funds, the contribution of each party to the cost of the program or project, and the furnishing of detailed information of the character set forth in Article II, Paragraph 1 above.

2. With respect to any funds, materials and equipment introduced into India by the Government of the United States of America pursuant to such program and project agreements, the Government of the United States of America shall not be.liable for taxes, service charges, and investment or deposit requirements, and will be exempt from exchange restrictions.

3. The Government of India agrees to bear a fair share, as may be mutually agreed upon, of the cost of technical assistance programs and projects.

Article IV

PERSONNEL

1. All employees of the Government of the United States of America assigned to duties in India in connection with cooperative technical assistance programs and projects and accompanying members of their families shall be exempt from Indian income taxes with respect to

    (1) salaries and emoluments paid to them by the Government of the United States of America and (2) any non-Indian income upon which they are obligated to pay income or social security taxes to the Government of the United States of America.

    2. Such employees and members of their families shall receive exemption with respect to the payment of customs and import duties on personal, household and professional effects and supplies including one personal automobile on certificates being furnished, by such employees, to the Collector of Customs concerned, through the Technical Assistance Unit of the Finance Ministry of the Government of India, to the effect that these effects and supplies are for the personal use and consumption of such employees and members of their families. Duty is liable to be paid in respect of any such article imported without payment of duty and sold or disposed of within three years, but there shall be no liability if such articles are re-exported within the period.

Article V

ENTRY INTO FORCE, AMENDMENT, DURATION

1. This Agreement shall enter into force on the day on which it is signed. It shall remain in force until three months after either government shall have given notice in writing to the other of intention to terminate the Agreement.

2. If, during the life of this Agreement, either government should consider that there should be an amendment thereof, it shall so notify the other government in writing and the two governments will thereupon consult with a view to agreeing upon the amendment.

3. Subsidiary project and other agreements and arrangements which may be concluded may remain in force beyond any termination of this Agreement, in accordance with such arrangements as the two governments may make.

4. This Agreement is complementary to and does not supersede existing agreements between the two governments except insofar as other agreements are inconsistent herewith.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present agreement.

DONE at New Delhi, in duplicate, this twenty-eighth day of December, 1950.

For the Goverment of India:
[SEAL] G.S. BAJPAI
Secretary General, Ministry of External Affairs.

For the Government of the United States of America:
[SEAL] Loy W. HENDERSON
Ambassador.


India Bilateral

Ministry of External Affairs, India


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